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Wednesday 19 July 2017
APNewsBreak: US restoring asset seizures - with safeguards
By SADIE GURMAN shared with federal coun- status of their belongings
Associated Press terparts. Former Attorney within 45 days of the sei-
WASHINGTON (AP) — The General Eric Holder signifi- zure, faster than federal
Trump administration will cantly limited the practice law requires. Another key
soon restore the ability of in response to criticism that change will make it harder
police to seize suspects’ it was ripe for abuse, par- for police to seize less than
money and property with ticularly with police seizures $10,000 unless they have a
federal help, but The As- of small amounts of cash. state warrant, have made
sociated Press has learned Attorney General Jeff Ses- an arrest related to the
the policy will come with sions plans to ease those seizure, have taken other
a series of new provisions restrictions, but also impose contraband, such as drugs,
aimed at preventing the new requirements on when along with the money, or
types of abuse that led the federal law can be used, a the owner has confessed
Obama Justice Depart- senior Justice Department to a crime. Without at
ment to severely curtail the official briefed on the poli- least one of those condi-
practice. At issue is asset cy said Tuesday. tions, authorities will need
forfeiture, which has been The official, who spoke to a federal prosecutor’s ap-
criticized because it allows the AP on condition of ano- proval to seize it under fed-
law enforcement to take Attorney General Jeff Sessions addresses the summer meeting nymity, was not authorized eral law. Old rules set that
possessions without crimi- of the nation’s district attorneys from around the country at the to discuss the changes be- threshold at $5,000, the of-
nal convictions or, in some Hilton in Minneapolis, Minn., Monday, July, 17 2017. Sessions fore their unveiling. ficial said. The old process
said the Justice Department will soon make it easier for local law
cases, indictments. enforcement to seize cash and property from crime suspects Key changes include re- rarely required a federal
The policy to be rolled out and reap the proceeds. quiring more detail from prosecutor’s sign-off, said
Wednesday targets so- (Jerry Holt/Star Tribune via AP) police agencies about Stefan Cassella, a former
called adoptive forfeiture, circumvent more-restrictive under federal law. probable cause justifying a federal prosecutor and ex-
which lets local authorities state laws to seize property The proceeds are then seizure before federal au- pert on asset forfeiture and
thorities get involved. money laundering law.
Also, the Justice Depart- Police departments use the
ment will have to decide seizures for expenses, and
more quickly whether to some agencies felt Hold-
take on local seizures and er’s restrictions left them
also let property owners without a critical funding
know their rights and the source. q
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