WASHINGTON – Senator Chuck Grassley of Iowa, Chairman of the Senate Judiciary Committee, is thankful that the Justice Department today addressed loopholes it created when it revised its practice of adoption and equitable sharing in asset forfeitures. The revised guidance requires law enforcement and Justice Department lawyers to certify a strong federal interest exists at the time of the seizure before pursuing adoption and equitable sharing in cases involving joint task forces and investigations.
“The Justice Department’s revised guidance expands protections against unnecessary asset seizures and takes an important step toward limiting the Justice Department’s use of adoption and equitable sharing. I appreciate that Attorney General Eric Holder took my concerns about these exceptions seriously, and I will continue to seek legislative fixes to protect small business owners and innocent motorists,” Grassley said.
In January, the Justice Department issued new guidance limiting equitable sharing of property seized by state and local law enforcement after Grassley expressed concerns that the practice was creating a perverse incentive for law enforcement. However, the guidance specifically exempted forfeitures involving joint task forces and investigations. Today’s revised guidance seeks to address the problems with adoption and equitable sharing by adding some procedural hurdles, but Grassley will continue to pursue meaningful legislative reform to equitable sharing and broader concerns with civil asset forfeiture.
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