October 26, 2023

Guardians or Gangsters? The Dark Side of Civil Asset Forfeiture

Between 2000 and 2019, a staggering $68.8 billion was taken away through civil forfeiture.

There are fundamental laws, deeply entrenched not just in culture and society but also in religious tenets, that are universally repudiated. Crimes such as murder, adultery and theft top this list. Yet, as countless unsuspecting citizens have discovered, there’s a sinister form of theft lurking in the shadows, sanctified by the very government that’s supposed to protect us: civil asset forfeiture.

Strip this term of art and the grim reality stands exposed: Law enforcement, when corrupted, becomes a band of robbers in uniform. If you naively believe, “This won’t happen to me. After all, I’ve done no wrong,” brace yourself. More often than not, it’s the innocents who find themselves trapped, with no trial or conviction — just barefaced, brazen theft.

To give a semblance of fairness to this discussion, yes, there might be scenarios where confiscating assets without trial is warranted, say to prevent criminals from using their ill-gotten gains. Such actions would be somewhat palatable if the assets were returned once innocence was proven, or the prosecutors didn’t indict. But alas, that’s rarely the case.

Between 2000 and 2019, a staggering $68.8 billion was taken away through civil forfeiture. Civil forfeiture might be tolerable with stringent checks and balances. However, in its current grotesque form, it indiscriminately swallows the assets of both the innocent and the guilty. A horrifying 80% of these forfeitures are executed against individuals never even charged with crimes. The Washington Post’s 2014 investigation laid bare nearly 62,000 forfeitures executed without indictments. State law enforcement brazenly set up veritable cash-grab traps disguised as legitimate checkpoints, to raid and pillage people’s assets within their vehicles with impunity. The rationale is to discover criminal activity by looking for various “indicators,” which, as The Washington Post article reports, may be as trivial as trash found on the floor of a car, or a nervous driver.

Take the recent case of an FBI raid on a safety deposit box facility. Under the pretense of investigating the laundering of drug money, they ransacked boxes, one of which belonged to a 79-year-old retiree who had thousands of dollars of cash saved and hundreds of thousands of dollars’ worth of gold coins. Despite being neither charged with nor accused of a crime, this man became yet another victim of the FBI’s legal piracy. He got his cash, but he had to sue the FBI to get it back, ultimately spending $40,000 on attorneys fees to do so. And his gold coins? Vanished into thin air. The FBI had no idea where they went.

Consider the heart-wrenching saga of a Colorado couple whose only crime was owning a home that happened to be broken into by an armed shoplifting suspect. Their home became collateral damage after the police destroyed the interior with armored vehicles, explosives and bullets, and then they were slapped in the face by a judicial system that denied them compensation.

These aren’t rare aberrations but recurring nightmares. A cursory online search paints a harrowing picture of law-abiding citizens robbed of their homes, businesses, cash, assets and vehicles by those sworn to protect them.

Thieves are thieves no matter whether they wear a badge or uniform. The job of law enforcement is to protect the public, not rob them blind nor use them as piggy banks to fill the coffers of their departments and agencies. How can you legitimately say that you are protecting the public when you take their assets, refuse to charge them with a crime and then make them go through a painful, expensive process to get their assets back? I urge any government official who takes a person’s money with no intent of charging them with a crime to rip their badge off their chest and seek employment elsewhere; you are not needed, you are worthless and should be ashamed to wear your badge.

I am a staunch defender of law enforcement, but I will never defend any officer who abuses the privilege of their badge and shields themselves behind unjust civil forfeiture laws. Theft is theft, regardless of the legal jargon or post-9/11 policy contortions used to justify the laws that make it legal.

People’s very livelihoods, their life’s work, are being ransacked and stolen. The fundamental principle of “innocent until proven guilty” is trampled by unjust laws. In the twisted world of these law enforcement officers, your assets are free game even if you’re never formally accused. We need accountability and oversight, and more certainty that innocent civilians who are never accused of crimes can get their assets back without having to ask. Innocent people shouldn’t be dragged through hell to reclaim what’s rightfully theirs.

COPYRIGHT 2023 CREATORS.COM

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 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.