According to the U.S. Department of Justice, asset forfeiture "encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes. The primary mission of the Program is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals."
In recent years, this program has come under fire, though. John Oliver, hose of Last Week Tonight, even dedicated asset (civil) forfeiture to the main story for one of his episodes in 2014.
IllinoisPolicy.org has covered this topic in detail. Because "practically any type of property may be forfeited, including cash, a vehicle, personal property, or even real estate", this has led many to accuse police officers of abusing their authority.
In addition, the Chicago Sun-Times writes that the philosophy of "innocent until proven guilty doesn’t apply in civil forfeiture cases, nor do indigent people have a right to a lawyer."
Along with that, "someone who contests a forfeiture must pay filing fees and a “cost bond” equal to 10 percent of the value of the confiscated property just to appeal. Even if they win, they only get 90 percent of their cost bond back, and they can’t recover their legal fees." By this point, it's abundantly obvious that the system is against the little guy.
In their defense, law enforcement officials claim that "the civil forfeitures system fights crime by seizing the rewards of criminal activity. The money, much of which goes to police and prosecutors, also supports law enforcement activities." In theory, this sounds like a solid idea, this has led to countless nightmare scenarios in practice.
For example, QCOnline wrote a story about Judy Wiese, a woman in Moline, Illinois, who had her car taken away after her grandson was caught driving it with a revoked license. Because the burden of proof is on Wiese, it was her duty to show the courts that her car wasn't "guilty" in her grandson's crime. Eventually, a lawyer helped her to reclaim her vehicle, but the majority out there aren't so fortunate.
In similar instance, Francis Pizano Martinez lost her vehicle after her son was caught driving with a suspended license. However, this tale has a different ending. Despite putting a lot of time and money into her car, she ultimately permanently surrendered it, becoming another victim of the same system.
But there is hope.
Democratic Illinois House Representative Will Guzzardi created House Bill 689, along with Republican House Representatives Tom Demmer and Steven Andersson as the chief co-sponsors, reports NPR Illinois.
Creates the Seizure and Forfeiture Reporting Act. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain on its official website a searchable public database that includes specified information about property seized and forfeited under State law and under any agreement with the federal government. Provides that every law enforcement agency that seizes property subject to reporting under the Act shall report the specified information required under the Act on a monthly basis. Provides that the Illinois Criminal Justice Information Authority may recoup its costs under the Act by charging a fee to law enforcement agencies required to file a report. Provides that the Act applies to provisions of law that authorizes a law enforcement agency to seize property alleged to have been used in or derived from the commission of a criminal offense. Creates the Asset Forfeiture Proceeds Disbursement Law. Provides that the Illinois Criminal Justice Information Authority shall award grants under the procedures of the Act for the disbursement of monies collected in the Asset Forfeiture Proceeds Fund. Amends various Acts concerning criminal forfeiture to make conforming changes. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund. Makes changes to the procedures and distribution of contraband proceeds to various governmental units and agencies.
Meanwhile, it the Illinois State Senate, Senator Don Harmon has introduced Senate Bill 1578.
Creates the Seizure and Forfeiture Reporting Act. Provides that the Illinois Criminal Justice Information Authority shall establish and maintain on its official website a searchable public database that includes specified information about property seized and forfeited under State law and under any agreement with the federal government. Provides that every law enforcement agency that seizes property subject to reporting under the Act shall report the specified information required under the Act on a monthly basis. Provides that the Illinois Criminal Justice Information Authority may recoup its costs under the Act by charging a fee to law enforcement agencies required to file a report. Provides that the Act applies to provisions of law that authorizes a law enforcement agency to seize property alleged to have been used in or derived from the commission of a criminal offense. Creates the Asset Forfeiture Proceeds Disbursement Law. Provides that the Illinois Criminal Justice Information Authority shall award grants under the procedures of the Act for the disbursement of monies collected in the Asset Forfeiture Proceeds Fund. Amends various Acts concerning criminal forfeiture to make conforming changes. Changes most forfeiture distributions from law enforcement agencies to the Asset Forfeiture Proceeds Fund. Makes changes to the procedures and distribution of contraband proceeds to various governmental units and agencies.In essence, NPR Illinois writes that "if the Guzzardi and Harmon bills become law, people would have to be convicted of crimes before their property could be forfeited. And the burden of proving a property’s role in a crime would fall on the state instead of the property owner."
While it will still be quite some time before these bills can go through, at least Illinois has agents for positive change.
For additional questions on real estate law, contact Michna Law Group by phone at 847.446.4600 or by email at BJM@MichnaLaw.com.
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