Administrative Asset Forfeiture Without Criminal Conviction

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Ban Asset Forfeiture Without Conviction

AKA “Protect American Property Rights”


Which agency/agencies promulgated the regulation? *
Department of Justice (DOJ), Department of the Treasury, Drug Enforcement Administration (DEA)
Which title, parts, and/or sections of the Code of Federal Regulations (C.F.R.) should be rescinded? *
The following titles, parts, and sections of the Code of Federal Regulations (CFR) should be modified to eliminate loopholes that allow asset forfeiture without a criminal conviction and ensure that property seizures are based on due process: 28 CFR Part 8 – DOJ Asset Forfeiture Procedures Rescission Focus: Modify the asset forfeiture procedures in 28 CFR Part 8 to eliminate provisions that allow property to be seized without a criminal conviction. Reform the procedures to ensure that asset forfeiture is based on criminal convictions or clear legal standards. 19 CFR Part 162 – Treasury-Related Civil Forfeiture Procedures Rescission Focus: Rescind provisions in 19 CFR Part 162 that allow civil asset forfeiture without a criminal conviction. Strengthen legal protections to ensure that property seizures by agencies like CBP and the Treasury Department are based on criminal convictions or stronger evidentiary standards. 18 U.S.C. § 3142 – Bail Reform Act (Federal Bail System) Rescission Focus: While this section is more focused on pretrial detention, modifying it to include more stringent controls around seizing assets before conviction could complement the broader objective of eliminating unjust asset forfeiture practices.
What is your name?
—OPTIONAL--
Is your proposed rescission a notice of proposed rulemaking, final rule, direct final rule, interim final rule, or interpretive rule? *
Notice of Proposed Rulemaking
What is the name of the regulation being rescinded, if applicable? *
Administrative Asset Forfeiture Without Criminal Conviction
Please provide a short summary of the justifications for the rescission. *
Current law permits property seizure without conviction, enabling abuse and incentivizing unjust policing. A conviction should be required to ensure fairness
Please insert the address of the agency. [NPRM, DFR, and IFR only]
U.S. Department of Justice Asset Forfeiture and Money Laundering Section 950 Pennsylvania Avenue, NW Washington, DC 20530-0001
Please insert the contact information for the agency. *
Michael A. Ben'Ary, Principal Deputy Chief, Asset Forfeiture and Money Laundering Section Or contact: afmls.outreach@usdoj.gov
What is the background for the regulation being rescinded? *
Civil asset forfeiture is frequently used against individuals never charged with a crime. These takings disproportionately target low-income and minority communities
Explain the reasons for the rescission. *
Tying forfeiture to actual criminal convictions ensures due process, reduces perverse incentives, and protects property rights
Describe the text of the relevant C.F.R. provisions as it will exist after the rescission. *
Asset forfeiture will be limited to cases where a criminal conviction has been secured in a court of law
Please insert the name of the current agency head. *
Pam Bondi
Please insert the title of the agency head. *
Attorney General, US Department of Justice

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