Wednesday, 12 April 2000
The New York Times
http://www.azstarnet.com/public/dnews/000412NASSET-FORFEITURE-.html
WASHINGTON - Following years of complaints of abusive government conduct, Congress completed legislation yesterday that would make it harder for government officials to confiscate property before they actually bring criminal charges in narcotics, terrorism, racketeering and other cases.
Administration officials said President Clinton would sign the legislation, a compromise measure approved unanimously by a voice vote of the House yesterday and by the Senate two weeks ago.
The new law adds significant safeguards that will make it more difficult for prosecutors to seize homes, money, cars, boats and other property before trials begin.
But it also expands the government's authority to both discover tainted assets and confiscate property after convictions.
The U.S. Supreme Court and other courts have criticized the current law, saying that lax standards had repeatedly permitted prosecutors to confiscate assets of innocent people long before criminal trials began.
Congressional hearings had documented many instances where the asset seizures had created enormous hardships and required onerous litigation in order to try to win back money, cars, homes and businesses that were never part of any criminal scheme.
Rep. Henry Hyde, R-Ill., the chairman of the House Judiciary Committee, said that the legislation approved yesterday, which he co-sponsored, struck a fair balance between protecting property owners while continuing to let the government confiscate assets upon proving that they may have been part of a crime.