In a message dated 7/21/99 5:40:51 PM Central Daylight Time, AOL News writes: << >>
Officials Want New Forfeiture Bill .c The Associated Press By CASSANDRA BURRELL WASHINGTON (AP) - The nation's top law enforcement agencies pressed their effort to kill legislation that would curb the federal government's ability to confiscate private property by telling senators Wednesday that it would weaken their ability to fight crime. Deputy Attorney General Eric Holder told a Senate subcommittee that the Justice Department supports tightening the rules the federal government must follow to seize cars, cash, homes and other property linked to crime. But a bill the House passed 375-48 last month ``crosses the line between providing due process and giving unintended relief to drug dealers, money launderers and other criminals who victimize the elderly and the vulnerable in our society,'' he said Wednesday. ``There is legislation pending before the Congress which will, quite simply, undercut the ability of law enforcement to forfeit illegally gained property or property used to facilitate a crime, from drug dealers, terrorists, alien smugglers and other criminals,'' said Richard Fiano, the Drug Enforcement Administration's chief of operations. Holder asked the Senate Judiciary Committee's criminal justice oversight subcommittee to support a more modest plan proposed by the Clinton administration. Rep. Henry Hyde, D-Ill., the bill's author and chairman of the House Judiciary Committee, defended it as an effort to rid the legal system of a practice too vulnerable to abuse. The law shouldn't allow police to seize property simply because they suspect it was involved in wrongdoing, he said. Too many innocent citizens have been deprived of their cash or possessions without due process, he said. ``There are some issues that really get to you, and this is one,'' he told senators. ``I think if you're a drug dealer and you're guilty - not just accused, but you're guilty - that you ought to lose your house, your car and your shoes and socks. But when you're not guilty ... I don't want my country confiscating property.'' Police have used civil asset forfeiture to seize homes to shut down drug operations quickly even before charges are filed. Investigators also have seized boats, cash and other assets from suspected drug dealers in the hopes of driving them out of businesses. Hyde faced skepticism from several subcommittee members. There should be a way to strike a better balance between the rights of property owners and the needs of law enforcement, said Sen. Jeff Sessions, R-Ala. ``Forfeiture is about the government using its powers to take private property, and there must be adequate restrictions to prevent abuse of this power,'' said Sen. Strom Thurmond, R-S.C. But the bill passed by the House ``may undermine the use of forfeiture law in the war against drugs, child pornography, money laundering, telemarketing fraud, terrorism and a host of other crimes,'' Thurmond said. Hyde criticized the Clinton administration's alternative plan Wednesday, saying it would actually increase the government power to seize property, not curb it. Under the Hyde bill, the federal government would have to prove with ``clear and convincing'' evidence that the property was eligible for forfeiture if an owner files a legal challenge. The administration's plan recommends a lower standard of proof, a ``preponderance'' of the evidence, which is standard in civil cases. Current law requires property owners to prove they are not connected with the alleged crime. The administration also believes Hyde's bill would require the release of cash, vehicles and other property to owners demonstrating a ``hardship,'' pending a trial even when there is compelling evidence that the property was used in a crime. AP-NY-07-21-99 1840EDT Copyright 1999 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without prior written authority of The Associated Press. To edit your profile, go to keyword <A HREF="aol://1722:NewsProfiles">NewsProfiles </A>. For all of today's news, go to keyword <A HREF="aol://1722:News">News</A>.
