8/30/95
This is a special bulletin from the Drug Reform Coordination Network. Please distribute as widely as possible, especially in academia. For information, e-mail "[email protected]" or contact: DRCNet, 4455 Connecticut Ave. NW, Suite B-500, Washington, DC 20008-2302 (202) 362-0030 (voice), 362-0032 (fax)
Congressman Henry Hyde (R-IL), Chairman of the House Judiciary Committee, has introduced H.R. 1916, the Civil Asset Forfeiture Reform Act of 1995.
During the past decade, seizure of assets has become a common practice of local, state and federal law enforcement agencies. Originally intended to combat large-scale organized criminal activity, the practice has been largely abused. According to Congressman Hyde, "Some of our civil asset seizure laws are being used in terribly unjust ways and depriving innocent citizens of their property with nothing that can be called due process. This is wrong and it must be changed."
Some forfeiture abuse cases, from Congressman's Hyde's press packet:
"In 1991, Willie Jones, owner of a Nashville landscaping business, made the mistake of paying for an airplane ticket in cash -- behavior deemed to fit a drug courier profile. Jones was detained and his luggage searched. No drugs were found. But in his wallet was $9,600 in cash. The money was seized, but Jones was not charged with any crime. After two years of legal wrangling, Jones' money was returned."
"During a fruitless seven-hour search for drugs aboard Craig Kline's new $24,000 sailboat in 1989, federal agents wielding axes, power drills and crowbars nearly destroyed his boat. No evidence of contraband was found. The boat was sold for scarp, and only after Congress intervened did Kline receive a reimbursement of $9,100 -- a third of the boat's value."
"For years, [Billy Munnerlyn] and his wife Karon owned and operated a successful air charter service out of Las Las Vegas. Then, he was hired for a routine job -- flying a businessman from Little Rock, Arkansas, to Ontario, California. When the plan landed, federal agents seized the passenger's luggage and found $2.7 million inside. Both the passenger and Mr. Munnerlyn were arrested. The airplane, the charter fee, and all of Munnerlyn's business records were seized. Although drug trafficking charges against Mr. Munnerlyn were quickly dropped (as were charges against the passenger), the government refused to release his airplane. Mr. Munnerlyn spent over $85,000 in legal fees trying to get his plane back. Eventually, he was forced to pay $7,000 for the return of his plane. He then discovered that the plane had sustained about $100,000 in damage while in government custody. Unable to raise enough money to restart his air charter business, Munnerlyn had to declare personal bankruptcy."
According to Congressman Hyde, in more than 80% of asset-forfeiture cases, the property owner is not charged with a crime, but the government usually keeps the property.
Asset forfeiture as currently practiced makes a mockery of the Bill of Rights. H.R. 1916 includes provisions to:
* Put burden of proof on the government in seizure cases.
* Eliminate cost bond requirement.
* Allow for the release of property pending final disposition of a case. * Provides for the appointment of counsel for indigents.
* Protects innocent property owners.
* Provides a remedy for property damage caused by government negligence.
* Provides a reasonable time for challenging a forfeiture.
Please write or call your Representative and ask him/her to co-sponsor H.R. 1916. Please ask your two Senators to sponsor companion legislation. You can write to them at:
The Honorable {Your Representative/Senator} House of Representatives/United States Senate} Washington, DC 20515/20510
You can call your Representative and Senators (or find our who they are) through the Congressional Switchboard: (202) 224-3121.
The most effective letter you can send is one written by yourself. But if you don't have time, feel free to use the following attached letter (but don't forget to put in your own name and the name of your rep.):
Your Name Your Address Date
The Honorable {Your Representative}
House of Representatives
Washington, DC 20515
Dear Rep. ____:
I am writing to urge you to co-sponsor and vote for H.R. 1916, Congressman Henry Hyde's much needed "Civil Asset Forfeiture Reform Act of 1995." H.R. 1916 puts the burden of proof in civil asset forfeiture where it belongs -- with the government. Under today's system, innocence is no protection to property owners, when a forfeiture case has been initiated.
The need to fight crime is simply not a valid excuse for looting the property of innocent people. Please pass H.R. 1916, and restore the Bill of Rights.
Sincerely,
Your Name
You can learn more about asset forfeiture from the organization Forfeiture Endangers American Rights (F.E.A.R.), 265 Miller Ave., Mill Valley, CA 94941, (415) 388-8128; e-mail: [email protected], web: http://www.calyx.net/~fear. Congressman Hyde has recently published "Forfeiting Our Property Rights: Is Your Property Safe From Seizure?" published by the Cato Institute, (202) 842-0200.
Foundation for Drug Policy Awareness / Drug Reform Coordination Network 4455 Connecticut Ave. NW, Suite B-500, Washington, DC 20008-2302 Phone: (202) 362-0030 / Fax: (202) 362-0032 / email: [email protected]
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