Policing for Profit? Lawmakers, advocates raise alarm at growing gov’t power to seize property

By Barnini Chakraborty

 Motel owner Russell Caswell wasn’t expecting to find himself at the center of a national controversy when FBI agents came knocking on his door.

They said they wanted his Tewksbury, Mass., business – and the land it was on – because they suspected it was a hotbed for drug-dealing and prostitution. The agents, who were working with state and local authorities, told a disbelieving Caswell they had the right to take the property, valued at as much as $1.5 million, through a legal process known as civil forfeiture.

Caswell, 70, fought back, and the case turned into one of the nation's most contentious civil forfeiture fights ever – and one that legal experts say sheds light on a little-known practice that, when abused, is tantamount to policing for profit.

Civil forfeiture is when police and prosecutors seize property, cars or cash from someone they suspect of wrongdoing. It differs from criminal forfeiture cases, where prosecutors typically must prove a person is guilty or reach a settlement before freezing funds or selling property. In civil forfeiture, authorities don’t have to prove guilt, file charges or obtain a conviction before seizing private property. Critics say it is a process ripe for abuse, and one which leaves citizens little means of fighting back.

“You breed a culture of 'take first, ask questions later,'” Larry Salzman, an attorney with the Institute for Justice, told FoxNews.com. “It’s thuggish behavior.”

Law enforcement officials argue that civil forfeiture powers give them an effective tool against lawbreakers. Freezing funds and seizing assets allow them to hit alleged criminals, frequently suspected drug dealers, where it hurts the most – their wallets.

Alarmed civil rights groups and libertarians are rallying against the practice. Salzman's group defended Caswell and won case in federal court last year. 

But not every target of civil forfeiture can afford the fight.

In 1985, the U.S. Department of Justice created its Asset Forfeiture Fund. One year later, the fund -- which holds the proceeds from seized property and is available to be divvied out to law enforcement agencies -- brought in $93.7 million. In 2008, the amount had ballooned to $1.6 billion. In 2013, it reached $6.3 billion.

Across the country, many states are stepping up efforts to curb civil forfeiture abuse.

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