Did you know? The Patriot Post is funded 100% by its readers. Help us stay front and center in the fight for Liberty and support the 2024 Year-End Campaign.

March 31, 2017

Billions in Civil Asset Plunder

A new DOJ report sheds light on a very problematic police revenue source.

Our federal government has spent nearly a half-century fighting a “War on Drugs” with varying levels of success. One tactic introduced early on was the seizing of assets of those who were demonstrated to have acquired them through illegal means. Over the years, government at all levels has managed to make it even easier to secure billions of dollars of alleged profits from an illegal industry — the drug trade.

Yet while the fight against drugs has shifted over the years, from the marijuana and hallucinogens of the late 1960s, to the crack and cocaine of the 1980s, to a more recent surge in methamphetamines, the current opioid epidemic is different. It doesn’t necessarily affect the same younger, lower-class peer group as the previous drugs of choice did, nor does it have the same sort of distribution system as other narcotics. But the federal government continues to utilize asset forfeiture as a tactic, despite long-standing abuse of the process and past attempts to both document it and rein it in.

Loopholes in the current system allow for local law enforcement to partner with the federal government to assure that both get a nice piece of the action. This money has, in turn, allowed local investment in assets like drug-sniffing dogs, new police cars and equipment, and other paramilitary gear that police departments claim assists them in getting drugs off the streets. And seizure is politically popular, since people assume that only criminals are having their assets seized and therefore deserve it.

It’s no surprise, then, that yet another government review — the latest was put out this week by the Inspector General’s Office at the Department of Justice — delivers a scathing look at a practice that, by this estimate, raked in $28 billion of assets over the last 10 years. That’s a big revenue stream, and thus the real answer for why the practice continues to expand.

The IG’s 74-page review notes that the vast majority of these funds come from the efforts of the Drug Enforcement Administration (DEA). Yet, according to the report, out of 100 asset forfeiture cases selected for further review by the Inspector General’s office, “the DEA could verify that only 44 of the 100 seizures, and only 29 of the 85 interdiction seizures, had (1) advanced or been related to ongoing investigations, (2) resulted in the initiation of new investigations, (3) led to arrests, or (4) led to prosecutions. When seizure and administrative forfeitures do not ultimately advance an investigation or prosecution, law enforcement creates the appearance, and risks the reality, that it is more interested in seizing and forfeiting cash than advancing an investigation or prosecution.” In other words, the majority of those who had their assets seized were, essentially, found guilty without due process.

And it’s the perception of “policing for profit” that civil libertarians have seized on in trumpeting the report.

“This report only further confirms what we have been saying all along,” added Institute for Justice attorney Darpana Sheth. “Forfeiture laws create perverse financial incentives to seize property without judicial oversight and violate due process.” Sheth added that the “only solution” to the issue would be to end the use of asset forfeiture entirely. The Institute has long been an advocate against the practice, with their second (and most recent) report on “Policing for Profit” released in 2015.

Ending civil asset forfeiture, however, would leave law enforcement with a fiscal hole to fill — in some jurisdictions, a massive one. No one wants to call for a tax increase, and seizures act as easy money: once assets are seized, there is about an 80% chance that no recovery will be sought by the owner, and even the majority of those efforts are unsuccessful. Others might simply consider it the price of doing business or may be embarrassed by how those assets were obtained.

But the Constitution’s Fourth Amendment prohibits illegal search and seizure for a reason, and it stands just as clearly now as it did when the Bill of Rights was first adopted 226 years ago. Carrying a large sum of cash is not illegal, and there are many who do so for legitimate reasons. (The same goes for certain cash transactions, although the IRS has begged to differ on that subject.)

Shaking down innocent people for cash would be called extortion if a criminal did it, so why should it be legitimate for governments to do the same? It’s indeed time to end this plunder once and for all.

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2024 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.