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  • February 24, 2025
    News Releases
    SCOTUS Has a Chance to Rein in Civil Forfeiture
    SCOTUS Has a Chance to Rein in Civil Forfeiture
    … Forfeiture.” In Honeycutt v. United States (2017), the Supreme Court took an important step toward limiting the abuse of civil forfeiture, ruling that only those who have personally profited from criminal activity can be liable in civil forfeiture proceedings. But …
  • February 21, 2025
    Blog
    SCOTUS Has a Chance to Rein in Civil Forfeiture
    SCOTUS Has a Chance to Rein in Civil Forfeiture
    … is inconsistent with the Supreme Court’s forfeiture jurisprudence. supreme court Our brief also emphasizes the rampant abuse of civil forfeiture proceedings that have become all too common. Civil forfeiture is now used as a general funding tool for the …
    By Thomas A. Berry and Ethan Yang
  • November 26, 2024
    Cato Daily Podcast
    A Fresh Challenge to Government-Run Theft (Civil Forfeiture)
    A Fresh Challenge to Government-Run Theft (Civil Forfeiture)
    When the FBI searched hundreds of safe deposit boxes, they kept the contents of safes containing more than $5000 in cash or valuables. A challenge is now in federal circuit court in Washington, DC. Tommy Berry explains what the court should do.
    Featuring Thomas A. Berry and Caleb O. Brown
  • November 8, 2024
    Blog
    The FBI Puts Victims of Civil Forfeiture through Bureaucratic Hell
    The FBI Puts Victims of Civil Forfeiture through Bureaucratic Hell
    … state and local level, where underfunded law enforcement agencies often derive large portions of their budget from the proceeds of forfeiture. As our brief recounts, civil forfeiture was not always a problematic money-making scheme for law enforcement. Prior to …
    By Thomas A. Berry and Ethan Yang
  • June 7, 2024
    Blog
    Possible Good News on Reform of Civil Forfeiture?
    Possible Good News on Reform of Civil Forfeiture?
    US Supreme Court justices, 2023 A recent Supreme Court ruling on civil forfeiture, while seemingly a setback for critics of the practice, nevertheless contains some good news.  Civil forfeiture occurs when police seize property they suspect was involved in or …
    By Jeffrey Miron
  • 2022
    Cato Handbook for Policymakers
    Civil Forfeiture Reform
    Civil Forfeiture Reform
    … initiated the seizures; and require law enforcement agencies to file timely annual reports concerning all aspects of their seizure and forfeiture activities. American asset forfeiture law has two branches: criminal forfeiture and civil forfeiture. Criminal forfeiture is usually fairly straightforward …
    By Roger Pilon and Trevor Burrus
  • September 29, 1992
    Policy Analysis
    No. 179
    American Forfeiture Law: Property Owners Meet the Prosecutor
    … frequently used form of forfeiture–civil forfeiture–is not targeted at criminally culpable property owners. Instead, as discussed below, civil forfeiture laws apply indiscriminately to property, regardless of the innocence of the owner, and render it subject to forfeiture if …
    By Terrance G. Reed
  • May 24, 2022
    Cato Daily Podcast
    IRS Will Finally Hand Over Civil Forfeiture Data
    IRS Will Finally Hand Over Civil Forfeiture Data
    It’s been a legal fight for seven years. A secretive IRS database detailing the size and scope of federal civil forfeiture will finally receive outside scrutiny. Kathy Sanchez, a researcher at the Institute for Justice, explains what they might …
    Featuring Kathy Sanchez and Caleb O. Brown
  • June 7, 2021
    Cato Daily Podcast
    What Happened after New Mexico Ended Civil Forfeiture?
    What Happened after New Mexico Ended Civil Forfeiture?
    New Mexico ended civil forfeiture in 2015. What’s happened in policing since then? Jennifer McDonald of the Institute for Justice crunched the numbers.
    Featuring Jennifer McDonald and Caleb O. Brown
  • December 25, 2019
    Cato Daily Podcast
    Civil Forfeiture Disenfranchises the Poor
    Civil Forfeiture Disenfranchises the Poor
    No one suffers more from civil forfeiture than people too poor to fight it. Alan Clemmons is a Republican lawmaker in South Carolina working to impose the most basic level of oversight on the process.
    Featuring Alan Clemmons and Caleb O. Brown
  • July 31, 2019
    Blog
    Criminal Forfeiture Requires Actual Criminal Activity
    Criminal forfeiture permits the government to confiscate the assets of those who have been convicted of a crime if those assets are the product of criminal activity or connected to criminal activity. Unlike civil forfeiture, which goes after assets that …
    By Trevor Burrus
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