Policing for Profit: The Controversy of Civil Asset Forfeiture

Strategic Insights -

In a worrying trend that has seen law enforcement agencies grabbing more and more cash from innocent individuals, the case of Charles Clarke highlights the darker side of civil asset forfeiture. In February 2014, DEA task force officers at Cincinnati/Northern Kentucky Airport seized $11,000 in cash from Clarke, a 24-year-old college student, without any evidence of wrongdoing. The agency maintained that the cash was likely proceeds of drug trafficking, despite Clarke's denials. Clarke's cash was seized under civil asset forfeiture, a practice that has come under increasing scrutiny due to its potential for abuse and profit motive.

Key Takeaways:

  • The Institute for Justice, a nonprofit civil liberties group, has reviewed the Justice Department's Consolidated Asset Tracking System and found that 11 law enforcement agencies, not involved in the Clarke case, have requested a share of his seized cash under the federal asset forfeiture program.
  • The airport police have requested the lion's share of Clarke's $11,000, at 40 percent, with the Cincinnati Police Department requesting an additional 6.14 percent and the rest of the agencies requesting 3.07 percent each.
  • The total amount of cash seized at the Cincinnati/Northern Kentucky International Airport has increased more than sixteen-fold, from $147,000 to $3 million in 2012, despite a significant drop in passenger volume.
  • Critics argue that the practice of asset forfeiture creates a profit motive for law enforcement agencies, leading to "policing for profit" and an abuse of power.
  • The use of asset forfeiture has been criticized for disproportionately affecting minority communities, with one case involving a young black man, Joseph Rivers, who had $16,000 seized at an Amtrak stop in New Mexico, sparking concerns over racial profiling.
  • The House Judiciary Committee has expressed concerns over recent forfeiture cases, including the impression that some agencies are driven by profit rather than justice.
  • A Reuters analysis of Department of Justice data found that law enforcement agencies have seized more than $4.6 billion in cash and property since 2005, with many cases involving individuals who were not charged with crimes.
  • Civil asset forfeiture exists to compensate law enforcement agencies for their crime-fighting efforts, but critics argue that the practice has become too generous and has created a culture of policing for profit.

Statistics:

  • In 2012, law enforcement agencies seized $3 million in cash from passengers at the Cincinnati/Northern Kentucky International Airport, a 16-fold increase from the $147,000 seized in 2000.
  • The total amount of cash seized at CVG has increased as passenger volume has decreased, with the number of passengers dropping by 75 percent between 2005 and 2013.
  • According to the Institute for Justice, 11 law enforcement agencies not involved in the Clarke case have requested a share of his seized cash under the federal asset forfeiture program.
  • The DEA has seized over $4.6 billion in cash and property since 2005, with many cases involving individuals who were not charged with crimes.
  • Civil asset forfeiture has been criticized for disproportionately affecting minority communities, with many cases involving young black men.

Sources:

  • "United States of America v. $11,000 in United States Currency and Charles L. Clarke, II" (federal lawsuit)
  • Institute for Justice analysis of the Justice Department's Consolidated Asset Tracking System
  • Reuters analysis of Department of Justice data
  • FBI Uniform Crime Reporting (UCR) Program
  • National Institute of Justice (NIJ)
  • House Judiciary Committee letter to the Drug Enforcement Administration Acting Director