Coalition letter to the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies and House leadership regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).

Coalition letter to members of the House regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).

Coalition letter to House and Senate leadership and Congressional leadership regarding the overreach of federal civil forfeiture and its use before people are convicted of any offense, undermining the presumption of innocence.

Asset forfeiture – also called “policing for profit” – has come under scrutiny from courts and legislatures. Elliot Abrams provides defense lawyers with recent updates to forfeiture law, primarily focusing on pretrial seizure and attorney’s fees. Courts are taking a hard look at forfeiture and pretrial seizures, and lawyers should continue bringing statutory challenges to actions that appear to violate statutory language or a defendant’s fundamental rights.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.

Brief of the National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioner (On Petition for a Writ of Certiorari).

On October 16, 2014, Representative Sensenbrenner wrote a letter to Thomas S. Winkowski, the Acting director of the U.S. Immigration and Customs Enforcement. Sensenbrenner inquired about learning more on the topic of administrative pardon of property and information on the petitions filled.

On October 16, 2014, Representative Sensenbrenner wrote a letter to the Honorable Michele M. Leonhart, the Administrator of the Drug Enforcement Agency. Sensenbrenner inquired about learning more on the topic of administrative pardon of property and information on the petitions filled.

Letter to members of Congress regarding much-needed reforms to federal civil asset forfeiture laws, as addressed in the Fifth Amendment Integrity Restoration (FAIR) Act of 2015 (H.R. 540/S. 255)

Letter to members of Congress regarding much-needed reforms to federal civil asset forfeiture law as addressed in the Civil Asset Forfeiture Reform Act of 2014 (H.R. 5212).

The city of Albuquerque seized Arlene Harjo’s car after her son borrowed it and was arrested for DUI. Her case shows that a forfeiture statute may appear constitutional on its face but, in actuality, may provide improper financial incentives to prosecutors and police to seize citizens’ property for their own or their organization’s benefit. The Harjo case offers lessons on how to successfully mount a due process challenge to forfeiture statutes.

Forfeiture reform is long overdue. The Fifth Amendment Integrity Restoration (FAIR) Act would raise the level of proof required to seize property to the more reasonable standard of “clear and convincing evidence,” which would help protect property owners.

The dictionary defines “forfeiture” as the loss of property or money due to the breach of a legal obligation. This is the part of a client’s sentencing that turns some criminal defense attorneys into frightened first-year law students. Many inform the client to “let the property go” or to retain someone later to deal with the issue. Steven L. Kessler discusses some of the basics every attorney should know about forfeiture. He also examines the recent Supreme Court decision in Honeycutt v. United States and its possible ramifications.

NACDL Forfeiture Abuse Task Force co-chair Samuel Buffone's written statement to the Senate Judiciary Subcommittee on Criminal Justice Oversight regarding the use of federal asset forfeiture.

NACDL board member and former Forfeiture Abuse Task Force co-chair David B. Smith's written testimony to the House Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to federal restitution laws that would allow pretrial restraint of assets to assist in paying potential future restitution.