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Picture yourself driving
down the road tomorrow,

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heading somewhere to buy an item
you found on Craigslist,

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00:00:09,020 --> 00:00:12,601
perhaps a nice mountain bike
for 3,000 dollars.

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00:00:13,409 --> 00:00:15,625
At that price, it's probably
one of those bikes

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with a little electric motor on it --

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(Laughter)

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maybe some streamers from the handlebars.

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(Laughter)

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The seller has declared this
a cash-only deal,

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so you have, in the console
of your car, 3,000 dollars.

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Suddenly, you are pulled over.

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During the stop, the officer asks,

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"Do you have any drugs, weapons
or large amounts of cash in your car?"

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You truthfully answer, "Yes,"

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not to the drugs or to the weapons,

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but to the cash.

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In the blink of an eye,
you are ordered out of your car.

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The officer searches it
and finds your cash.

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On the spot, he seizes it,

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and he says he suspects
it's part of a drug crime.

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A few days later,

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the local district attorney files
paperwork to keep your money --

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permanently.

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And all of this happens

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without you ever being charged
or convicted of any crime.

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Now, you might be saying,

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"Ah, this would never happen
in the United States."

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(Laughter)

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Incidents like this occur
every day in our country.

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It's one of the most significant threats
to your property rights

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most people have never even heard of.

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It's called "civil forfeiture."

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Most of you are generally aware
of criminal forfeiture,

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although the term itself
might be a little unfamiliar,

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so let's begin with forfeiture.

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When we forfeit something,
we give up that thing,

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or we're forced to give it up.

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In criminal forfeiture,

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someone is charged
and convicted of a crime,

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and therefore, they have to give up
property related to that crime.

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For example, suppose you use your car
to transport and deal drugs.

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You're caught and convicted;

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now you have to give up
or forfeit your car

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as part of the sentencing.

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That's criminal forfeiture.

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But in civil forfeiture,
no person is charged with a crime --

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the property is charged
and convicted of a crime.

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(Laughter)

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You heard that correctly:

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the government actually convicts
an inanimate object with a crime.

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It's as if that thing itself
committed the crime.

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That's why civil forfeiture cases
have these really peculiar names,

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like, "The United States of America
v. One 1990 Ford Thunderbird."

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(Laughter)

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Or "The State of Oklahoma
v. 53,234 Dollars in Cash."

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(Laughter)

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Or my personal favorite:

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"The United States of America
v. One Solid Gold Object

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in the Form of a Rooster."

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(Laughter)

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Now, you're thinking:

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How does something like this happen?

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That's exactly what I said when
I first learned about civil forfeiture

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while on a road trip with my wife.

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No, we did not get pulled over.

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(Laughter)

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I was reading about
the history of civil forfeiture

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as part of my work as a research
director at the law firm,

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and I came across
one of the cases I just mentioned,

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"The United States of America
v. One 1990 Ford Thunderbird."

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In that case, Carol Thomas
loaned her car to her son.

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While in the car, her son committed
a minor drug crime.

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Carol didn't commit any crime,

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so law enforcement couldn't
convict her and take the car,

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but they could -- and did --

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use civil forfeiture
to "convict the car" and take it.

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Carol was completely innocent,
but she lost her car nonetheless.

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In other words,

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she was punished for a crime
she did not commit.

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When I read this, I was gobsmacked.

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How could this occur?

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How is this even legal?

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It turns out, it began in our country
with maritime law.

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Early in our republic, the government
sought to fight piracy --

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yes, actual pirates.

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The problem was the government
often couldn't catch the pirates,

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so instead it used civil forfeiture
to convict the pirates' property

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and take it,

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and therefore deny the pirates
their illegal profits.

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Of course, the government could've simply
taken and kept the booty

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without necessarily
using civil forfeiture,

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but doing so would have violated

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our most basic due process
and property rights.

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Now, the government rarely used
civil forfeiture until the 1980s

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and the war on drugs.

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We expanded civil forfeiture law
to cover drug crimes

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and then later, other types of crime.

98
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Canada and the European Union
adopted similar provisions

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so that now all kinds of people
are ensnared in the forfeiture web,

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people like Russ Caswell.

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Russ Caswell owned a small budget motel
in Tewksbury, Massachusetts.

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His father built the motel in 1955,
and Russ took it over in the 1980s.

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During the years
that Russ owned the motel,

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from time to time,
people would rent rooms,

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and they would commit drug crimes.

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Russ didn't condone the activities --

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in fact, whenever he found out about it,
he would immediately call police.

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Russ was entirely innocent of any crime,

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but that did not stop the US Department
of Justice from seizing his motel

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simply because other people
committed crimes there.

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But Russ's case was not alone.

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Between 1997 and 2016,

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the US Department of Justice
took more than 635,000 properties.

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This means each year,

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tens of thousands of people
lose their properties

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in cases in which they're never charged
or convicted of any crime.

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And we're not necessarily talking about
major drug kingpins

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or headline-grabbing financial fraudsters

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whose cases involve hundreds of thousands
if not millions of dollars.

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Many of these seizures and forfeitures
involve just everyday people

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like Russ Caswell

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or you

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or me.

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But it gets worse.

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Are you wondering:

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Where does all this cash
and property end up?

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In most places, law enforcement keeps it.

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And they use it to buy equipment

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or pay for building repairs

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or even pay salaries and overtime.

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This is a clear conflict of interest.

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It creates a perverse profit incentive
that can distort law enforcement.

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And this is a problem that's not lost
on those in law enforcement, either.

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Former chief of police in Rochester,
Minnesota, Roger Peterson,

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described the choice
that police officers often face.

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As he described it:

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suppose I'm a police officer,

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and I see a drug deal.

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Now I face a choice:

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Do I go after the buyer
and remove from the street illegal drugs,

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or do I go after the seller

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and get cash for my agency to use?

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So it's easy to see why
a police officer might go for the cash.

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It was just such a circumstance

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that compelled police officers
in Philadelphia to seize an entire house.

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In 2014, Chris and Markela Sourovelis' son
sold 40 dollars worth of drugs

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down the street from their house.

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Forty dollars.

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The police watched the deal go down.

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They could've arrested the buyer
and confiscated the drugs,

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but they didn't.

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They could've arrested
the Sourovelises' son

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right there on the street

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and grabbed 40 dollars.

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But they didn't.

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They waited to arrest him at home,

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because then they could seize
their entire house.

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The house was worth 350,000 dollars.

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That is what I mean
by a perverse profit incentive.

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But the Sourovelises' case was no outlier.

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Philadelphia, the "City
of Brotherly Love,"

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the "Athens of America,"

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the "Cradle of Liberty,"
birthplace to the Constitution,

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home to the Liberty Bell
and Independence Hall,

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the "City that Loves you Back" --

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(Laughter)

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that Philadelphia was running
a forfeiture machine.

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Between 2002 and 2016,

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Philadelphia took more than 77 million
dollars through forfeiture,

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including 1,200 homes.

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Cars, jewelry, electronics --
all of it they sold,

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the proceeds they kept.

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And they would have
kept right on doing it,

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had it not been
for a class-action lawsuit --

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our team's class-action lawsuit --

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(Applause and cheers)

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Thank you.

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We forced them to change
their forfeiture practices

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and to compensate victims.

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(Applause and cheers)

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00:09:47,640 --> 00:09:51,629
When our team first began
researching forfeiture in 2007,

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we had no idea how much
forfeiture revenue there was.

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In fact, no one knew.

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It wasn't until our groundbreaking study,
"Policing for Profit,"

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that we found federal law
enforcement agencies have taken in

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almost 40 billion dollars --

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00:10:08,463 --> 00:10:10,272
billion with a B --

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since 2001,

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00:10:12,984 --> 00:10:16,723
more than 80 percent of that
through civil forfeiture.

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00:10:17,932 --> 00:10:19,828
Unfortunately, we have no idea

191
00:10:19,852 --> 00:10:22,201
how much state and local
agencies have taken in,

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because in many states,
they don't have to report it.

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So until we reform forfeiture,

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we'll never know how much
forfeiture activity actually occurs

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in the United States.

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00:10:33,723 --> 00:10:36,819
And we desperately need reform.

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Legislatures should abolish
civil forfeiture

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00:10:40,873 --> 00:10:43,459
and replace it with criminal forfeiture.

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And all forfeiture proceeds
should go to a neutral fund

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such as a general fund.

201
00:10:49,638 --> 00:10:53,811
When forfeiture proceeds stop hitting
law enforcement budgets directly,

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that is when we will end
policing for profit.

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00:10:58,479 --> 00:11:03,628
(Applause)

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00:11:05,056 --> 00:11:07,234
Now, as you can imagine,

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00:11:08,131 --> 00:11:11,768
law enforcement officials
don't love these recommendations.

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00:11:11,792 --> 00:11:13,300
(Laughter)

207
00:11:13,324 --> 00:11:15,764
They stand to lose a lot of money,

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00:11:15,788 --> 00:11:20,615
and they believe civil forfeiture
is an effective crime-fighting tool.

209
00:11:21,135 --> 00:11:22,616
The trouble is,

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it's not.

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00:11:24,765 --> 00:11:27,129
In June 2019, we released a study

212
00:11:27,153 --> 00:11:31,367
that found forfeiture does not
improve crime-fighting.

213
00:11:31,888 --> 00:11:33,607
And the report also found

214
00:11:33,631 --> 00:11:37,423
that law enforcement agencies
pursue more forfeiture money

215
00:11:37,447 --> 00:11:39,399
during economic downturns.

216
00:11:40,007 --> 00:11:43,034
So when city and county budgets are tight,

217
00:11:43,058 --> 00:11:46,821
law enforcement will use forfeiture
to find the money.

218
00:11:46,845 --> 00:11:48,469
So it's no wonder, then,

219
00:11:48,493 --> 00:11:53,036
that law enforcement officials
predict a criminal apocalypse --

220
00:11:53,060 --> 00:11:54,187
(Laughter)

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00:11:54,211 --> 00:11:56,377
if these reforms are adopted.

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00:11:57,022 --> 00:11:59,345
But some states have
already implemented them,

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00:11:59,369 --> 00:12:02,122
and we're pushing for reform
all across the country,

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00:12:02,146 --> 00:12:05,909
because until we reform forfeiture,

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this is something that could
happen to any of us.

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00:12:08,712 --> 00:12:10,586
It can happen in the United States,

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00:12:10,610 --> 00:12:12,775
it can happen in the United Kingdom,

228
00:12:12,799 --> 00:12:15,752
it can happen in countries
throughout the European Union

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00:12:15,776 --> 00:12:16,958
and beyond.

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00:12:17,354 --> 00:12:21,024
People like you and me
and the Sourovelises and Russ Caswell,

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00:12:21,048 --> 00:12:24,413
just doing the everyday stuff of life,

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00:12:24,437 --> 00:12:28,286
can be caught in a scheme
we never thought possible.

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00:12:28,732 --> 00:12:32,515
It is time we end policing for profit

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00:12:32,539 --> 00:12:34,610
once and for all.

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00:12:34,957 --> 00:12:36,123
Thank you.

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00:12:36,147 --> 00:12:39,779
(Applause and cheers)