Concept

Civil forfeiture

A court case against your property, not you. No conviction required.

What it is

Civil forfeiture is a legal action brought against property instead of a person. In the U.S. Justice Department’s words, it’s an “in rem (against the property) court proceeding”: the car, the cash or the house is the defendant.

In federal civil forfeiture, the government has to show by a preponderance of the evidence that the property is tied to a crime, and “there is no criminal conviction required.” Criminal forfeiture is different: it happens against a person, as part of a sentence, after a conviction.

How it shows up for me

I find it hard to read about this calmly. Property can be taken from someone who was never charged, and getting it back can cost more than it’s worth. I think a free society should be uncomfortable with that, and I am.

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