SCOTUS: Defendant who didn’t benefit shouldn’t lose to forfeiture
- On behalf of Mike G Law posted in Federal Drug Charges on Monday, June 12, 2017
One of the most devastating aspects of the War on Drugs has been civil forfeiture. Under this procedure, the government can seize the money and property of drug defendants before they’ve even been convicted of a crime. As long as law enforcement can make any reasonable argument that assets are tied to illegal activity, defendants can’t get them back without proving they were not. Typically, they can only do that if they’re acquitted or have kept very careful records. Civil forfeiture has been very successful at taking profits from the illegal drug industry and turning them over to the law enforcement agencies that seize them. It has also been harshly criticized for a variety of reasons. For one, it often... Read More »