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FAIR Act: Changes to Asset Forfeiture and Citizen Rights Protection

This act introduces significant changes to government asset forfeiture laws, making it harder for the government to seize citizens' property without strong evidence. It enhances property owners' rights and alters how forfeited funds are managed, directing them to the Treasury instead of directly to agencies. Citizens will gain greater legal certainty regarding their assets.
Key points
Requires the government to provide stronger evidence (clear and convincing) for asset forfeiture, replacing the previous lower standard.
Mandates proof that the property owner knew about or willfully ignored the criminal use of their property for it to be forfeited.
Forfeited money and property will now go to the general Treasury fund, rather than directly to law enforcement agencies, to prevent misuse.
Introduces a requirement for a swift court hearing (within 14 days) to determine probable cause for property seizures related to alleged financial transaction reporting evasion.
Courts must consider the value of the forfeited property and the hardship to the owner and their dependents when assessing if the forfeiture is proportionate to the offense.
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Additional Information
FAIR Act
Print number: HR 2857
Sponsor: Rep. Walberg, Tim [R-MI-7]
Process start date: 2021-04-26