for better understanding how a document is structured but 01/22/2021, 377 106-185, 114 Stat. Furthermore, the interim regulations make clear that acceptance of an administrative forfeiture remission does not make the government liable for fees, costs or interest pursuant to 28 U.S.C. documents in the last year, 39 L. 103-272, 108 Stat. CIVIL ASSET FORFEITURE REFORM ACT OF 2000 (CAFRA) HIGHLIGHTS. 00-31882 Filed 12-13-00; 8:45 am], updated on 5:15 PM on Friday, January 22, 2021, 43 documents (a) Generally. Customs Service, Department of the Treasury. 2. from 23 agencies, updated on 8:45 AM on Friday, January 22, 2021, 82 documents In 1993, the U.S. Supreme Court ruled in Austin v. United States that a forfeiture could be considered an excessive fine in violation of the Eighth Amendment, but declined to establish a multifactor test to determine whether a forfeiture is constitutionally excessive. This act was passed as a response to a seizure system that had become rife with abuse as law enforcement agencies seized personal property from citizens, putting to their own use. Critics said that the new guidelines did not require poor persons to have free access to legal services. The results of the study were startling; agents wereselective in their enforcement efforts, and the goal of seizing assets tookprecedence over the goal of taking narcotics out of circulation. 5212 (113th Congress): Civil Asset Forfeiture Reform Act of 2014, H.R. Civil forfeiture is an ancient legal procedure which has proven to be effective in attacking modern crime. 983; 19 U.S.C. 5321(c), as applicable. Document Drafting Handbook on 401). documents in the last year, 66 Counts are subject to sampling, reprocessing and revision (up or down) throughout the day. App. on Register documents. Federal Register. 202 (codified as amended in scattered sections of 8, … §§ 981, 983, 984, and 985, as well as in 21 U.S.C. Review seizure practices to determine whether more-specific policy guidance and/or training is needed to ensure consistency in seizure operations. With the exception of the amendment providing for a new § 171.24, seizures exempt from the requirements of section 2 of the CAFRA will be processed in accordance with existing regulations. Under section 2 of the CAFRA, specified duties and obligations are placed upon Government officials to be designated by seizing agencies. In 2000, the Civil Asset Forfeiture Reform Act (CAFRA) was signed into law. In 2000, Congress passed the Civil Asset Forfeiture Reform Act (CAFRA) in part to protect those property owners who have made reasonable efforts to stop the use of their property for activities involving illegal drugs and other felonies. 745, dated July 5, 1994, reenacted and recodified the provisions of title 49, United States Code. This repetition of headings to form internal navigation links The report identified specific weaknesses in the DOJ’s oversight, including an insufficient effort to determine “whether seizures benefit criminal investigations or the extent to which they may pose potential risks to civil liberties,” and an inadequacy in policy and training to ensure operational consistency. titles and chapters, and included, among other things: There have been bipartisan efforts since CAFRA to further reform federal civil forfeiture, but as of July 2017, none have been enacted.2, In recent years, many states have passed laws to limit the use of civil forfeiture, and some prohibit it altogether unless the owner has already been criminally convicted for the crime that justifies seizure. Interim rule is effective August 23, 2000, and applies to any forfeiture proceeding commenced on or after August 23, 2000. 5283 (114th Congress): Deterring Undue Enforcement by Protecting Rights of Citizens from Excessive Searches and Seizures Act of 2016 (DUE PROCESS Act), Holder Limits Seized-Asset Sharing Process That Split Billions With Local, State Police, Holder Announces New Limits on Civil Asset Forfeitures. 983(a) is entitled to immediate release of the property if: (1) The claimant has a possessory interest in the property; (2) The claimant has sufficient ties to the community to provide assurance that the property will be available at the time of trial; (3) The continued possession of the property by Customs pending the final disposition of forfeiture proceedings will cause substantial hardship to the claimant, such as preventing an individual from working, or leaving an individual homeless; and. Lastly, Pub. Differences in civil forfeiture procedure between CAFRA and Customs cases [Revised 12/10/2008] The Customs carve-out of 18 U.S.C. 1618 or 31 U.S.C. 12866. 401). Civil Asset Forfeiture Reform Act is abbreviated as CAFRA. For this reason, civil forfeiture case names often appear strange, such as United States v. Eight Rhodesian Stone Statues,1 and the property owner is a third-party claimant to the action while the property is the defendant. While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process: the presumption of innocence. 1. CAFRA - Civil Asset Forfeiture Reform Act of 2000. 3501 et seq. Referring to one case where a drug … For complete information about, and access to, our official publications 1624; 44 U.S.C. documents in the last year, by the Federal Deposit Insurance Corporation See: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” Amendment IV, “No person shall... be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.” Amendment V, “Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” Amendment VIII, “The principle that there is a presumption of innocence in favor of the accused is the undoubted law, axiomatic and elementary, and its enforcement lies at the foundation of the administration of our criminal law.” Coffin v. United States (1895), “While use of the particular phrase ‘presumption of innocence’—or any other form of words—may not be constitutionally mandated, the Due Process Clause of the Fourteenth Amendment must be held to safeguard ‘against dilution of the principle that guilt is to be established by probative evidence and beyond a reasonable doubt.’” Taylor v. Kentucky (1978). replace the standard of proof “a preponderance of the evidence” with the stricter “clean and convincing evidence;”. 01/22/2021, 40 § 881. ); and section 1 of title VI of the Act of June 15, 1917 (40 Stat. (4) The claimant’s likely hardship from the continued possession by Customs of the seized property outweighs the risk that the property will be destroyed, damaged, lost, concealed, or transferred if it is returned to the claimant during the pendency of the proceedings. documents in the last year, 29 App. In addition, the interim rule makes minor conforming changes to the Customs Regulations in order to reflect a recodification of existing statutory law. Until the ACFR grants it official status, the XML The claim must be in writing but need not be made in any particular form. documents in the last year, by the Nuclear Regulatory Commission documents in the last year, 27 301 et seq. Attorneys for the Statute of Limitations in Forfeiture Cases. The CAFRA creates general rules governing civil forfeiture proceedings. 1618 or 31 U.S.C. 80303” is added. 3507) and assigned OMB Control Number 1515-0052 (Petition for remission or mitigation of forfeitures and penalties incurred). informational resource until the Administrative Committee of the Federal (c) Identity or interest of party not determined. Parts 162, 171 and 178, Customs Regulations (19 CFR parts 162, 171 and 178), are amended as set forth below. documents in the last year, 654 Monitor the effects of the Attorney General’s 2015 Order that eliminated most types of federal adoptions of state and local seizures, and seek to mitigate any negative effects on law enforcement cooperation. Civil Asset Forfeiture Reform Act of 2000 (CAFRA) to increase safeguards for property owners whose property has been seized by the Federal Government and provide more just and uniform procedures for Federal civil forfeitures. The request may be filed at any time during which the property remains under seizure. A Rule by the Customs Service on 12/14/2000. 553(b)(B), and pursuant to 5 U.S.C. Part 162 is amended by adding a new subpart H to read as follows: The provisions of this subpart will apply to all seizures of property for civil forfeiture made by Customs officers except for those seizures of property to be forfeited under the following statutes: The Tariff Act of 1930 or any other provision of law codified in title19, Start Printed Page 78092United States Code; the Internal Revenue Code of 1986; the Federal Food, Drug, and Cosmetic Act (21 U.S.C. To combat this loophole in 2015, Attorney General Holder unilaterally barred federal law enforcement from collaborating with local and state police to take on forfeiture cases where local and state law disallows it without warrants or criminal charges.3 He also limited the federal seizure of bank accounts only to instances where serious illegal transactions have been documented.4. 5321, as applicable. (2) The period for sending notice of seizure as provided in paragraph (d)(1) of this section may not be further extended except by order of a court of competent jurisdiction as prescribed in paragraph (e) of this section. New Documents ); the Trading with the Enemy Act (50 U.S.C. When a person elects to petition for relief before, or in lieu of, filing a claim under § 162.94, any seizure subject to forfeiture under this subpart may be remitted or mitigated pursuant to the provisions of 19 U.S.C. App. offers a preview of documents scheduled to appear in the next day's 2. documents in the last year, 1008 This table of contents is a navigational tool, processed from the In 2000, Congress enacted the Civil Asset Forfeiture Reform Act (CAFRA) “to provide a more just and uniform procedure for Federal civil forfeitures.” CAFRA amended a variety of U.S.C. We’ve made big changes to make the eCFR easier to use. include documents scheduled for later issues, at the request Except as provided in paragraphs (b), (c) and (d) of this section, in no case may notice be sent more than 60 calendar days after the date of seizure. While every effort has been made to ensure that In 2000, lawmakers passed the Civil Asset Forfeiture Reform Act, or CAFRA, which stipulated protections for individuals and increased the level of proof required. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. establishing the XML-based Federal Register as an ACFR-sanctioned Civil Asset Forfeiture Reform Act of 2000 listed as CAFRA. Customs will send written notice of seizure as provided in this section to all known interested parties as soon as practicable. CAFRA stands for Civil Asset Forfeiture Reform Act (also Caribbean Association for Feminist Research and Action and 6 more) Rating: 1 Votes: 1. on This feature is not available for this document. Last updated in July of 2017 by Stephanie Jurkowski. Upon motion by the Government, a court of competent jurisdiction may extend the period for sending notice for a period not to exceed 60 calendar days. Each document posted on the site includes a link to the The interim regulations also provide clear guidance to Customs officials in the processing of property seized for forfeiture under the CAFRA. 552), § 1.4, Treasury Department Regulations (31 CFR 1.4) and § 103.11(b), Customs Regulations (19 CFR 103.11(b)), on regular business days between the hours of 9:00 a.m. and 4:30 p.m. at the Regulations Branch, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, D.C. Section 178.2 is amended by adding the following in appropriate numerical sequence according to the section number under the columns indicated: Deputy Assistant Secretary of the Treasury. Nor do the interim amendments result in a “significant regulatory action” as specified in E.O. (c) Form of claim. documents in the last year, 104 Part 171 is amended by adding a new § 171.24 to read as follows: Any seizure subject to forfeiture may be remitted or mitigated pursuant to the provisions of 19 U.S.C. 202, enacted on April 25, 2000, and codified at title 18, United States Code, section 983 (18 U.S.C. rendition of the daily Federal Register on FederalRegister.gov does not documents in the last year, by the National Institutes of Health In 1996, the Court’s holding in United States v. Ursery established that the government may seize a person’s property due to its involvement in a crime in addition to prosecuting them for that crime without violating the Double Jeopardy Clause of the Fifth Amendment. Any person who accepts a remission or mitigation decision will not be considered to have substantially prevailed in a civil forfeiture proceeding for purposes of collection of any fees, costs or interest from the Government. 1 et seq. documents in the last year, by the Civil Rights Commission The Civil Asset Forfeiture Reform Act (CAFRA), a 2000 law that was supposed to curtail forfeiture abuses, gives the federal government 60 days to send a … In this respect, a new § 171.24 is added to the Customs Regulations (19 CFR 171.24) to provide that, in the case of any seizure for forfeiture that is remitted or mitigated under 19 U.S.C. To this end, the interim rule removes the reference to “49 U.S.C. To address these matters, the interim rule adds a new subpart H to part 162 of the Customs Regulations (19 CFR part 162, subpart H). In 1998, the Court continued to uphold civil forfeiture in United States v. Bajakajian, but limited it if the amount seized would be “grossly disproportional to the gravity of a defendant’s offense,” in violation of the Excessive Fines Clause of the Eighth Amendment. Civil forfeiture (a)(1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property. 106-185, 114 Stat. L. 106-185, 114 Stat. Sections 162.91 through 162.96 also issued under 18 U.S.C. Civil Asset Forfeiture Reform Act of 2000 - How is Civil Asset Forfeiture Reform Act of 2000 abbreviated? publication in the future. It was commonly used by the government during the Prohibition era to seize the property of bootleggers in an attempt to stymie the production and sale of illicit alcohol. App. The Public Inspection page Use the PDF linked in the document sidebar for the official electronic format. The collection of information contained in this interim rule has already been approved by the Office of Management and Budget (OMB) in accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. documents in the last year, 1477 documents in the last year. The attorneys at Sammis Law Firm represent clients in civil asset forfeiture actions in federal court.Contact us to discuss how the five (5) year statute of limitations for civil asset forfeiture actions might impact your case. (b) When filed. In a rather creative study, Miller and Selva50used covert participant observation to document asset forfeiture activities. ); the Trading with the Enemy Act (50 U.S.C. Congress responded by enacting the Civil Asset Forfeiture Reform Act of 2000 (“CAFRA”). documents in the last year, 773 The Civil Asset Forfeiture Reform Act of 2000 Legislative History The Civil Asset Forfeiture Reform Act (CAFRA) of 2000, Pub. As a civil matter, th… (b) Exceptions. [FR Doc. Unlike criminal asset forfeiture which is part of the punishment following a criminal conviction, in civil asset forfeiture a legal action is brought against the property, not against the owner of the property. Customs is not, however, required to return contraband or other property that the person may not legally possess. In 2000, Congress enacted the Civil Asset Forfeiture Reform Act (CAFRA) “to provide a more just and uniform procedure for Federal civil forfeitures.” CAFRA amended a variety of U.S.C. Under state and federal civil asset forfeiture laws, law enforcement agencies can seize and keep property suspected of involvement in criminal activity. What is the abbreviation for Civil Asset Forfeiture Reform Act? The CAFRA creates general rules governing civil forfeiture proceedings. Accordingly, it has been determined that notice and public comment procedures are inapplicable and unnecessary in this case pursuant to 5 U.S.C. civil asset forfeiture laws to be passed by Congress since the first forfeiture statutes were enacted in 1789. Unless the Fines, Penalties, and Forfeitures Officer provides additional time to the person filing a claim for seized property pursuant to paragraph (a) of this section, the claim must be filed within 35 calendar days after the date the notice of seizure is mailed. The request need not be made in any particular form, but must be in writing and set forth the basis on which the requirements of paragraph (a) of this section have been met. Remission of forfeitures and payment of fees, costs or interest. However, CAFRA specifically exempts from certain of its requirements forfeitures that are made under a number of statutes, among these being: The Tariff Act of 1930 or any other provision of law codified in title 19, United States Code; the Internal Revenue Code of 1986; the Federal Food, Drug, and Cosmetic Act; and … Oneof the authors acted as a confidential informant for a city's undercovernarcotics operation after he established a relationship with drug enforcementofficials in the area. Comments submitted will be available for inspection in accordance with the Freedom of Information Act (5 U.S.C. Gloria McPherson, Dept. the first study to grade the civil forfeiture laws of all 50 states and the federal government. Civil Forfeiture, also known as Civil Asset Forfeiture (CAF) is a legal practice that allows for officers of the law to seize and keep property that they suspect is in connection with a crime or illegal activity (31 U.S. Code § 5317). corresponding official PDF file on govinfo.gov. 80303”, in accordance with the recodification of the statutory provision specifically made by section 1(e) of Public Law 103-272. are not part of the published document itself. Subpart F also issued under 19 U.S.C. 553, as noted, it is not subject to the provisions of the Regulatory Flexibility Act (5 U.S.C. Unlike criminal asset forfeiture, with civil forfeiture, a This rule does not present any material change to the existing approved information collection. on Before adopting these interim regulations as a final rule, consideration will be given to any written comments that are timely submitted to Customs. 202, enacted on April 25, 2000, and codified at title 18, United States Code, section 983 (18 U.S.C. The government does not have to charge the property owner with any specific crime in order to seize his property, and must prove only by a preponderance of the evidence that the property is legally forfeitable. of Justice & Public Safety, Auburn University Montgomery, Montgomery, AL 36117. We invite you to try out our new beta eCFR site at https://ecfr.federalregister.gov. Unlike civil forfeiture, U.S. criminal forfeiture laws have never been reformed at the federal level. 233; 22 U.S.C. If the notice of seizure is not received, a claim may be filed not later than 30 calendar days after the date of final publication of notice of seizure and intent to forfeit the property. (b) Seizure by state or local authorities. 983. developer tools pages. and services, go to 320. The authority citation for part 178 continues to read as follows: Authority: Such a proceeding is conducted in rem, or against the property itself, rather than in personam, or against the owner of the property; by contrast, criminal forfeiture is an in personam proceeding. The Civil Asset Forfeiture Reform Act of 2000 ("CAFRA") 1 revises centuries old civil forfeiture practice, places new burdens and time limits on the gov- Civil Asset Forfeiture Reform Act of 2000 "Findings suggest asset forfeiture is a dysfunctional policy. documents in the last year, 785 (3) Be made under oath, subject to penalty of perjury. 18 U.S.C. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. electronic version on GPO’s govinfo.gov. The item Civil Asset Forfeiture Reform Act of 2000 (CAFRA) : Pub. In other words, the government could seize first, and defend the forfeiture in court later. (a) Generally. the material on FederalRegister.gov is accurately displayed, consistent with This collection encompasses a claim for seized property in a non-judicial civil forfeiture proceeding. 983), created general rules for civil forfeiture proceedings. Review of the Department’s Oversight of Cash Seizure and Forfeiture Activities, Jeff Sessions Removes Restrictions on Controversial Police Seizures, Attorney General Sessions Issues Policy and Guidelines on Federal Adoptions of Assets Seized by State or Local Law Enforcement, Trump Justice Department Restoring Asset Seizures, Justice Thomas’s Doubts About Civil Forfeiture, Statement of Thomas, J., On Petition for Writ of Certiorari to the Court of Appeals of Texas, Ninth District No. 233; 22 U.S.C. headings within the legal text of Federal Register documents. It raised the government's standard of proof from mere 'probable cause' to 'a preponderance of the evidence' in civil forfeiture cases, and shifted the initial burden from the property owner to the government. documents in the last year, 355 1658, Congressional Record H4953 June 24, 1999 [PDF] Message from the House, Congressional Record S7709 June 28, 1999: Civil Asset Forfeiture Reform Act, Speech of Hon. documents in the last year, 963 (e) Denial of or failure to act on request for release. 01/22/2021, 325 These markup elements allow the user to see how the document follows the regulatory information on FederalRegister.gov with the objective of This document amends the Customs Regulations, on an interim basis, in order to implement the provisions of the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), insofar as these provisions are applicable to laws enforced by Customs. In any civil forfeiture proceeding under a civil forfeiture statute in which the Government prevails, if the court finds that the claimant’s assertion of an interest in the property was frivolous, the court may impose a civil fine on the claimant of an amount equal to 10 percent of the value of the forfeited property, but in no event shall the fine be less than $250 or greater than $5,000. Written comments may be addressed to and inspected at the Regulations Branch, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Avenue, NW., 3rd Floor, Washington, DC 20229. In § 171.51(b)(7) and 171.52(a), the reference to “49 U.S.C. §981. 1595a, 1605, 1614; 21 U.S.C. 2. If the Fines, Penalties, and Forfeitures Officer denies the request for release or fails to make a decision on the request by the 15th Start Printed Page 78093calendar day after the date the request is received by Customs, the claimant may file a petition in the district court in which the complaint has been filed, or, if no complaint has been filed, in the U.S. district court in which the seizure warrant was issued or in the U.S. district court for the district in which the property was seized. (1) The Assistant Commissioner, Investigations, or his designee, may extend the period for sending notice under this section for a period not to exceed 30 calendar days, if it is determined that issuance of the notice within 60 calendar days of seizure may have an adverse result, including: (i) Endangering the life or physical safety of an individual; (iii) Destruction of or tampering with evidence; (iv) Intimidation of potential witnesses; or. 202 (2000), was signed by the President on April 25, 2000, and will apply to all civil forfeiture proceedings commenced on or after August 23, 2000. on FederalRegister.gov (a) Generally. Because this document is not subject to the requirements of 5 U.S.C. To clarify and implement the law in this regard, the interim rule identifies the particular Customs official who will grant extensions of time for sending notices of seizure, as authorized by 18 U.S.C. I Civil Asset Forfeiture Reform Act (CAFRA) of 2000, Pub. titles and chapters, and included, among other things: An “innocent owner defense” A provision for a victim to petition the court when the forfeiture is excessive Be sure to leave feedback using the 'Feedback' button on the bottom right of each page! related. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. This prototype edition of the L.) 106-185, 114 Stat. Document page views are updated periodically throughout the day and are cumulative counts for this document. The Civil Asset Forfeiture Reform Act of 2000 was passed as Public Law 106-185. The following reforms were enacted upon adoption of CAFRA: Otherwise, the ruling upheld civil forfeiture as a practice, within undefined limits. L. No. Part 178, Customs Regulations (19 CFR part 178), containing the list of approved information collections, is appropriately revised to make reference to OMB Control Number 1515-0052. 601 et seq.). Specifically, we found inconsistencies among DHS components regarding the forms used to notify property owners and the process for responding to claims. These tools are designed to help you understand the official document 782” is removed and, in its place, a reference to “ 49 U.S.C. 6, 2017, A provision for a victim to petition the court when the forfeiture is excessive, A requirement that the government pay reasonable litigation costs incurred by a claimant who “substantially prevails”, Procedure for the civil forfeiture of real property, Fugitive disentitlement to court resources, An encouragement to use criminal rather than civil forfeiture. L. No. This section of the CAFRA, however, specifically exempts from certain of its requirements forfeitures undertaken pursuant to the following statutes: The Tariff Act of 1930 or any other provision of law codified in title Start Printed Page 7809119, United States Code; the Internal Revenue Code of 1986; the Federal Food, Drug, and Cosmetic Act (21 U.S.C. from 29 agencies. This document has been published in the Federal Register. 1618 or 31 U.S.C. The documents posted on this site are XML renditions of published Federal 66, 1592, 1593a, 1624. Open for Comment, Economic Sanctions & Foreign Assets Control, Consolidated Decommissioning Guidance, Characterization, Survey, and Determination of Radiological Criteria, Archaeological and Ethnological Material From Morocco, National Institute of Biomedical Imaging and Bioengineering, Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, Ensuring a Lawful and Accurate Enumeration and Apportionment Pursuant to the Decennial Census, Inapplicability of Notice and Delayed Effective Date Requirements, the Regulatory Flexibility Act and Executive Order 12866, Subpart H—Civil Asset Forfeiture Reform Act, PART 171—FINES, PENALTIES AND FORFEITURES, PART 178—APPROVAL OF INFORMATION COLLECTION REQUIREMENTS, https://www.federalregister.gov/d/00-31882, MODS: Government Publishing Office metadata, *         *         *         *         *         *         *, Petition for remission or mitigation of forefeitures and penalties incurred, Petition for remission or mitigation of forfeitures and penalties incurred. provide legal notice to the public or judicial notice to the courts. Patsy T. Mink of Hawaii, Congressional Record E1465 July 1, 1999 01/22/2021, 872 A feature of this proceeding against the property is that the owner — who may lose extremely valuable property like a home, a vehicle, or life savings — has no guaranteed right to counsel. To remedy these weaknesses, the report recommends that the relevant departments of law enforcement: In July 2017, Attorney General Sessions reversed the 2015 directive that prevented local law enforcement from circumventing state restrictions on civil forfeiture.6 However, this new directive includes changes meant to prevent abuse of the practice, such as requiring more detail from police agencies about probable cause justifying a seizure, expedited notice to property owners of their rights and the status of their belongings after a seizure, and limited ability to seize property less than $10,000 without a state warrant or other enumerated exceptions.7 Nevertheless, critics say the safeguards are ineffective.8 Even Supreme Court Justice Clarence Thomas commented in a 2017 denial of certiorari on a civil forfeiture case that the civil forfeiture system “has led to egregious and well-chronicled abuses” which “frequently target the poor and other groups least able to defend their interests in forfeiture proceedings.”9. 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