Legal Definitions - civil forfeiture

Civil forfeiture is a legal process that allows the government to seize and keep property—such as money, vehicles, or real estate—if it believes that property was involved in a crime or was acquired using funds from illegal activities. A key aspect of civil forfeiture is that the government does not need to arrest, charge, or convict the property owner of a crime to take their assets. Instead, the legal action is brought against the property itself, rather than against a person. The government typically only needs to show that it is more likely than not that the property is connected to illegal activity. Once seized, the burden often shifts to the owner to prove that their property is not linked to any crime.

This process is often used by law enforcement agencies to disrupt criminal enterprises by targeting their financial resources and tools. However, it has also faced criticism for potentially allowing the government to take property from individuals who have not been found guilty of any wrongdoing, placing a significant burden on owners to recover their assets.

• Example 1: Seizure of Cash at an Airport
  Imagine a traveler at an airport carrying a large sum of cash for a legitimate business transaction. A drug-sniffing dog alerts near their luggage. Even if no drugs are found, and the traveler is not arrested or charged with any crime, law enforcement might seize the cash, alleging it is connected to drug trafficking. To get their money back, the traveler would then have to prove in court that the cash was obtained legally and not involved in any illicit activity. This illustrates civil forfeiture because the government is taking property (the cash) based on suspicion, without a criminal conviction of the owner, and the legal action is against the money itself.
• Example 2: Forfeiture of a Family Car
  Consider a situation where a parent lends their car to their adult child. Unbeknownst to the parent, the child uses the car on one occasion to transport a small quantity of illegal contraband. Police stop the child, discover the contraband, and seize the car. Even if the parent, as the legal owner, had no knowledge of or involvement in the illegal activity and is never charged with a crime, the government could initiate civil forfeiture proceedings against the vehicle. The parent would then face the challenge of proving that the car should not be forfeited, despite its alleged involvement in a crime. This demonstrates how property can be targeted even when the owner is innocent of any wrongdoing.
• Example 3: Taking a Small Business's Bank Account
  A small restaurant owner is suspected by local authorities of occasionally accepting cash payments for services without properly reporting them for tax purposes. While the owner is never formally charged or convicted of tax evasion, the government could initiate civil forfeiture proceedings against the restaurant's bank account, alleging that the funds within it are proceeds from illegal activity. The restaurant owner would then be required to demonstrate that the money in the account was legitimately earned and not connected to any crime, or risk losing those funds permanently. This highlights how business assets can be seized based on alleged illegal conduct, without a criminal conviction.