Commerce, Justice, Science, and Related Agencies Appropriations Act, 2015

Floor Speech

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Mr. WALBERG. Madam Chair, I wish to enter into a colloquy with Chairman Wolf.

I rise today to highlight an increasingly abused law enforcement tactic known as ``civil asset forfeiture.'' This process is an ugly development that enables law enforcement to take legal action against property of individuals, regardless of whether the property owner is guilty, innocent, or even charged with a crime at all.

Although criminal forfeiture is a legitimate tool for law enforcement that has helped in the war on drugs and human trafficking, the civil forfeiture system has created the opportunity for local and State law enforcement to police for profit in coordination with the Department of Justice.

Specifically, the practice of equitable sharing between local and/or State Departments and the Federal Government has increased 250 percent over the last 12 years, reaching $657 million in 2013 alone, according to The Heritage Foundation. Equitable sharing allows State and local agencies to work around State laws that prohibit civil forfeitures so long as the State agency partners with the Department of Justice and splits the profits.

State and local governments, in their pursuit of the fruits of seizures have at times been too eager to seize property, with the result that innocent citizens have been adversely affected with little or no compensation for their damages and economic losses. The recent story of Terry Dehko from Michigan exemplifies the problems that can occur under the civil asset forfeiture policy.

On January 22, 2013, the IRS obtained a secret warrant and used their civil asset forfeiture powers to empty Mr. Dehko's bank account of over $35,000 based on spurious evidence that the longtime grocer was a money launderer. The IRS offered to settle the case for 20 cents on the dollar. Unfortunately, this is a normal procedure for IRS, Department of Justice, and the law enforcement partners: seize property, then negotiate without having to prove guilt in a court of law.

It is time to rethink our Federal policies on civil asset forfeiture and end the abusive era of seize, forfeit, and profit. Law-abiding citizens should not fall prey to police departments and their Federal partners. I believe we can find a solution to this problem that maintains a legitimate policing tool while respecting our Constitution.

I will continue to work with the chairman, the Judiciary Committee, and my colleagues in the House to craft a sensible forfeiture policy that helps law enforcement but protects our constitutionally protected property rights.

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