Date: Wed, 30 Aug 1995 18:55:33 -0400
Reply-To: [d r c natl] at [calyx.com]
From: [b--rd--n] at [netcom.com] (David Borden)
Subject: CIVIL ASSET FORFEITURE REFORM ACT OF 1995
This is a special bulletin from the Drug Reform Coordination Network.
Please distribute as widely as possible, especially in academia.
For information, e-mail "[d r cinfo] at [drcnet.org]" or contact:
DRCNet, 4455 Connecticut Ave. NW, Suite B-500, Washington, DC 20008-2302
(202) 362-0030 (voice), 362-0032 (fax)
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Congressman Henry Hyde (R-IL), Chairman of the House Judiciary Committee,
has introduced H.R. 1916, the Civil Asset Forfeiture Reform Act of 1995.
During the past decade, seizure of assets has become a common practice of
local, state and federal law enforcement agencies. Originally intended
to combat large-scale organized criminal activity, the practice has been
largely abused. According to Congressman Hyde, "Some of our civil asset
seizure laws are being used in terribly unjust ways and depriving
innocent citizens of their property with nothing that can be called due
process. This is wrong and it must be changed."
Some forfeiture abuse cases, from Congressman's Hyde's press packet:
"In 1991, Willie Jones, owner of a Nashville landscaping
business, made the mistake of paying for an airplane
ticket in cash -- behavior deemed to fit a drug courier
profile. Jones was detained and his luggage searched.
No drugs were found. But in his wallet was $9,600 in
cash. The money was seized, but Jones was not charged
with any crime. After two years of legal wrangling,
Jones' money was returned."
"During a fruitless seven-hour search for drugs aboard
Craig Kline's new $24,000 sailboat in 1989, federal
agents wielding axes, power drills and crowbars nearly
destroyed his boat. No evidence of contraband was
found. The boat was sold for scarp, and only after
Congress intervened did Kline receive a reimbursement of
$9,100 -- a third of the boat's value."
"For years, [Billy Munnerlyn] and his wife Karon owned
and operated a successful air charter service out of Las
Las Vegas. Then, he was hired for a routine job --
flying a businessman from Little Rock, Arkansas, to
Ontario, California. When the plan landed, federal
agents seized the passenger's luggage and found $2.7
million inside. Both the passenger and Mr. Munnerlyn
were arrested. The airplane, the charter fee, and all
of Munnerlyn's business records were seized. Although
drug trafficking charges against Mr. Munnerlyn were
quickly dropped (as were charges against the passenger),
the government refused to release his airplane. Mr.
Munnerlyn spent over $85,000 in legal fees trying to get
his plane back. Eventually, he was forced to pay $7,000
for the return of his plane. He then discovered that
the plane had sustained about $100,000 in damage while
in government custody. Unable to raise enough money to
restart his air charter business, Munnerlyn had to
declare personal bankruptcy."
According to Congressman Hyde, in more than 80% of asset-forfeiture
cases, the property owner is not charged with a crime, but the government
usually keeps the property.
Asset forfeiture as currently practiced makes a mockery of the Bill of
Rights. H.R. 1916 includes provisions to:
* Put burden of proof on the government in seizure cases.
* Eliminate cost bond requirement.
* Allow for the release of property pending final disposition of a case.
* Provides for the appointment of counsel for indigents.
* Protects innocent property owners.
* Provides a remedy for property damage caused by government negligence.
* Provides a reasonable time for challenging a forfeiture.
Please write or call your Representative and ask him/her to co-sponsor
H.R. 1916. Please ask your two Senators to sponsor companion
legislation. You can write to them at:
The Honorable {Your Representative/Senator}
House of Representatives/United States Senate}
Washington, DC 20515/20510
You can call your Representative and Senators (or find our who they are)
through the Congressional Switchboard: (202) 224-3121.
The most effective letter you can send is one written by yourself. But
if you don't have time, feel free to use the following attached letter
(but don't forget to put in your own name and the name of your rep.):
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Your Name
Your Address
Date
The Honorable {Your Representative}
House of Representatives
Washington, DC 20515
Dear Rep. ____:
I am writing to urge you to co-sponsor and vote for H.R. 1916,
Congressman Henry Hyde's much needed "Civil Asset Forfeiture Reform Act
of 1995." H.R. 1916 puts the burden of proof in civil asset forfeiture
where it belongs -- with the government. Under today's system, innocence
is no protection to property owners, when a forfeiture case has been
initiated.
The need to fight crime is simply not a valid excuse for looting the
property of innocent people. Please pass H.R. 1916, and restore the Bill
of Rights.
Sincerely,
Your Name
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You can learn more about asset forfeiture from the organization
Forfeiture Endangers American Rights (F.E.A.R.), 265 Miller Ave., Mill
Valley, CA 94941, (415) 388-8128; e-mail: [j paff] at [genie.geis.com], web:
http://www.calyx.net/~fear. Congressman Hyde has recently published
"Forfeiting Our Property Rights: Is Your Property Safe From Seizure?"
published by the Cato Institute, (202) 842-0200.
Foundation for Drug Policy Awareness / Drug Reform Coordination Network
4455 Connecticut Ave. NW, Suite B-500, Washington, DC 20008-2302
Phone: (202) 362-0030 / Fax: (202) 362-0032 / email: [d r cinfo] at [drcnet.org]
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Peace Justice Freedom Compassion Truth
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END THE DRUG WAR
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