2018 Michigan Asset Forfeiture Report

2018 Michigan Asset Forfeiture Report

In Michigan last year, 956 people who were never charged with or convicted of a crime nevertheless lost property to law enforcement and other agencies, based on suspicions that the property may have been connected to an alleged crime.

Those 956 individuals represent roughly 14 percent of the 6,666 people in Michigan whose property was taken from them by the government under a process called civil asset forfeiture.

Of those 956 individuals, 736 were never charged with a violation for which asset forfeitures are authorized, and 220 were charged but not convicted. A further 228 individuals who cooperated with or assisted law enforcement to avoid criminal charges still had assets forfeited to the government.

The law enforcement agencies involved in forfeiture proceedings collected more than $13.1 million worth of property in 2017, of which $11.8 million was cash. In 2016, a total of $15.2 million in cash and property was forfeited to agencies.

These figures come from a report compiled by the Michigan State Police. Under a 2015 law, local agencies must send data on forfeiture to the department, which, in turn, must produce a report that it then publishes on the internet. Advocates of reforming the practice of civil asset forfeiture considered it a preliminary step.

Jarrett Skorup, a policy analyst at the Mackinac Center for Public Policy, co-authored a report with the ACLU on civil asset forfeiture in Michigan.

“Michigan has been making progress over the past few years to do a better job protecting innocent people from forfeiture, by raising the standard of evidence and increasing transparency. But as this report shows, there’s a lot of work to do. More than 3,500 people in Michigan had the government take ownership of their property in 2017 without being convicted of a crime, and nearly 1,000 of them weren’t charged with a crime or were charged and found innocent. This should not happen.”

Skorup’s reference to 3,500 people who had their assets forfeited without being convicted of a crime in 2017 includes 2,368 people who were charged with a violation with charges still pending.

 


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Nearly 1,000 People Not Charged or Found Not Guilty Lost Their Property Through Forfeiture

Even if you aren’t convicted of a crime, you may lose your home

 

Michigan law enforcement agencies took ownership of $11.8 million in cash and $1.3 million in property seized from individuals in 2017, through a legal process called civil asset forfeiture. The figures were obtained from an annual forfeiture report and responses to Freedom of Information Act requests filed by the Mackinac Center for Public Policy. The typical forfeiture involved assets – typically cars and cash – worth less than $500.

The forfeited property included eight homes, 711 weapons and 7,999 vehicles, according to the information obtained from Michigan law enforcement.

Forfeiture is the process of transferring assets to the government. The assets are first seized by police because they think the items may be connected to illegal activity. An important distinction in the process is that seizure is done by police while forfeiture is processed by prosecutors. In Michigan, no conviction, prosecution or even a formal arrest is required for officials to pursue forfeiture.

Out of the 6,666 forfeiture actions in 2017, 736 were never charged with a violation and 220 were charged but not convicted. There were 2,876 people who were charged and convicted, meaning that 57 percent of the people were not convicted before losing their assets.

“Before locking someone up permanently, our laws and Constitution require they be proven guilty beyond a reasonable doubt,” said Jarrett Skorup, who co-authored a 2015 report on civil forfeiture with the Mackinac Center for Public Policy. “In the same way, nobody should permanently lose their assets unless they are first convicted in criminal court and it is determined that the assets were gained through illegal activity.”

Nearly 75 percent of the forfeiture petitions that prosecutors filed in 2017 to retain seized property never went to trial because the property owner did not contest the claim. Eighty percent of assets taken were valued at $1,000 or less.

“This comprehensive report from law enforcement agencies across Michigan shows why Michigan needs to require a criminal conviction prior to taking ownership of anyone’s property,” Skorup said. “While most police and prosecutor offices are acting properly, because of poor state laws, nearly 1,000 people lost their assets despite never being charged with criminal activity or being found not guilty in court.”

Skorup said that the law encourages police officers to seize assets and pursue forfeiture whenever possible because doing so gives their agencies money they can use to pay for equipment, personnel and supplies.

Dave Hiller, executive director of the Michigan Fraternal Order of Police, takes a different stand on civil forfeiture. He said that it is a vital tool for law enforcement.

“It must be done properly, first of all, to assure due process is followed and additionally to eliminate any questions of impropriety,” Hiller said. “A law enforcement agency should work with the local prosecutor to ensure things are done the way the law is intended.”

Hiller said that in certain cases, civil forfeiture has a greater impact on criminals than criminal charges do. The Michigan FOP is, he said, open to improving the law to address due process concerns.

Michigan requires that police demonstrate “clear and convincing” evidence that an asset is linked to a crime for a police officer to be justified in taking it. But criminal convictions require a higher standard of proof, which is that prosecutors must prove someone committed a crime “beyond a reasonable doubt.” This means that an individual may lose the assets that police seize even if there is not enough evidence for a criminal conviction.

The Michigan House has passed a bill that would require a criminal conviction for most cases of civil asset forfeiture. But House Bill 4158 has not been taken up in the state Senate.

See 2018 Michigan Asset Forfeiture report here

Police Are Taking More Than Thieves-Legally

Police Are Taking More Than Thieves-Legally

One of the most troubling recent scenes from Sacramento came as the California state legislature reached the end of its session. A simple bill that would rein in abuses of the civil-asset forfeiture processi.e., when police agencies take property from people, even if they’ve never been accused of a crimecame far short of passage after the law-enforcement lobby pulled out all the stops.

 

The final vote was about money, not justice.

 

Police organizations argued they would lose a significant amount of funding if a law passed requiring that they secure a conviction before taking property. They often take homes, cars and cash from people after claiming the property was used in the commission of a crime.

They need only prove the low standard of “probable cause.” (For instance, one Anaheim couple almost lost a $1.5 million commercial building after an undercover cop bought $37 in marijuana from a tenant, but the feds dropped that case after bad publicity.)

Created in the early days of the nation’s war on drugs, asset forfeiture was designed to grab the proceeds from drug kingpins. But most of the money now is grabbed from ordinary citizens. According to a study last year, about 80 percent of the time, seized property is taken from people who have never been charged with anything. That same study, by the Drug Policy Alliance, found wanton abuses in California cities. Police are not supposed to budget forfeiture proceeds, but they increasingly depend on the revenues to fund their operations.

The study also found “multiple instances of cash grabs by law enforcement being incentivized over deterring drug sales, wherein police wait until a drug sale concludes and then seize the cash proceeds of the sale rather than the drugs, as drugs must be destroyed and are of no monetary value to law enforcement.” It also found that some Los Angeles County cities “were found to be prioritizing asset forfeiture over general public safety concerns … .” In other words, police skew their policing strategies around these lucrative takings.

California’s law actually requires, in property seizures of more than $25,000, that the police agency gain a conviction and the legal standard requires proof beyond a reasonable doubt.

California law-enforcement agencies don’t like that higher standard, so they circumvent the state law. They participate in something called “equitable sharing”—i.e., they invite the feds into their operation, take the property using the lower federal standard, and then split the loot.

A new national study by the Institute for Justice, a Virginia-based civil-liberties group, gave California a “C+” in its civil-forfeiture laws. That leads to an obvious question: Given the terrible problems documented in California, how bad must things be in other states? Only seven states had better protections than California and the preponderance of states received “D” grades.

 


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An economic consulting firm reported on data last week showing that the approximately $4.5 billion in annual forfeitures now exceeds the $3.9 billion Americans lose in robberies each year. The clear point: Your local police or sheriff’s department is more likely to take your stuff than a robber. The Institute for Justice report found the problem getting worse. “It’s exploding, despite the fact that the issue is getting a lot of attention,” said Dick Carpenter, one of the study’s authors. According to the report, forfeiture revenues have more than doubled between 2002 to 2013. California agencies collected approximately $280 million over the 11-year study periodand an additional $696 million by partnering with federal agencies.

These are big dollars to local police departments, which explains the arm-twisting and lobbying as that reform bill made it to the Assembly floor. Critics of asset forfeiture agree that agencies will lose money, but argue that the government is supposed to promote justice. Their agencies should be funded through general tax proceeds, not by grabbing the homes and cars of people who may not have done anything wrong.

The problem is the incentive. The agencies that do the taking get to keep lots of the money. How can we expect just results when agencies have such a strong financial incentive to take more and more property? In New Mexico, a video of a city attorney bragging that “this is a gold mine” helped build public support for wider-ranging reforms there. As a result, the Land of Enchantment received the highest grade on the Institute for Justice study.

Last year in California, SB 443 would have, among other things, prohibited “state or local law enforcement agencies from transferring seized property to a federal agency seeking adoption by the federal agency of the seized property.” Expect something like it to return next year. As abuses mount, maybe legislators will be more likely to think about justice and not just money.

 

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About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law

 

Michigan 2017 House Bill 4158 – Require conviction for property forfeiture

Michigan 2017 House Bill 4158 – Require conviction for property forfeiture

Michigan 2017 House Bill 4158 – Require conviction for property forfeiture

 

To establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless the individual is actually convicted. The bill would also prohibit officials from requiring a person to negotiate for return of their property.

 

However, the conviction requirement would only apply to forfeitures of less than $50,000 (meaning police and prosecutors could still take and keep those assets using a lower burden of proof).

 

Introduced by Rep. Peter Lucido (R) on February 2, 2017

Passed 83 to 26 in the House on May 8, 2018. 

 

See Who Voted – Yes / No – below to establish that property seized from a person because it may be associated with a suspected drug crime is not subject to forfeiture unless an individual is actually convicted. 

 

IN FAVOR

 

HOUSE DEMOCRATS

Brinks (D) Byrd (D) Camilleri (D) Chang (D) Clemente (D)
Durhal (D) Ellison (D) Garrett (D) Gay-Dagnogo (D) Geiss (D)
Greig (D) Hammoud (D) Hertel (D) Hoadley (D) Jones (D)
LaGrand (D) Lasinski (D) Liberati (D) Moss (D) Pagan (D)
Peterson (D) Phelps (D) Rabhi (D) Robinson (D) Scott (D)
Singh (D) Sneller (D) Sowerby (D) Wittenberg (D) Zemke (D)

 

 HOUSE REPUBLICANS

Afendoulis (R) Albert (R) Alexander (R) Allor (R) Barrett (R)
Bellino (R) Bizon (R) Brann (R) Calley (R) Canfield (R)
Chatfield (R) Cole (R) Farrington (R) Frederick (R) Glenn (R)
Griffin (R) Hauck (R) Hernandez (R) Hoitenga (R) Hornberger (R)
Howell (R) Howrylak (R) Hughes (R) Iden (R) Inman (R)
Johnson (R) Kahle (R) Kelly (R) LaFave (R) Lauwers (R)
Leonard (R) Leutheuser (R) Lilly (R) Lower (R) Lucido (R)
Marino (R) McCready (R) Noble (R) Pagel (R) Reilly (R)
Rendon (R) Roberts (R) Runestad (R) Sheppard (R) Tedder (R)
Theis (R) VanderWall (R) VanSingel (R) Vaupel (R) Verheulen (R)
Wentworth (R) Whiteford (R) Yaroch (R)

 

AGAINST

HOUSE DEMOCRATS

Cambensy (D) Chirkun (D) Cochran (D) Dianda (D) Elder (D)
Faris (D) Green (D) Greimel (D) Guerra (D) Kosowski (D)
Love (D) Neeley (D) Sabo (D) Santana (D) Yancey (D)
Yanez (D)

 

 

HOUSE REPUBLICANS

Cox (R) Crawford (R) Garcia (R) Graves (R) Kesto (R)
LaSata (R) Maturen (R) Miller (R) Victory (R) Webber (R)

 

Official Government Site


Michael Komorn is an advocate for Forfeiture Reform

 

 

 

See the Michigan House Judiciary Committee hearing on Asset Forfeiture legislation on HOUSE TELEVISION


About Komorn Law

Komorn Law has represented numerous clients through the legal chaos of starting up a business in the Michigan Medical Marihuana Industry.

If you or someone you know is facing charges as a result of Medical Marijuana, DUI, Drugs, Forfeiture, Criminal Enterprise, etc. Please contact our office and ensure you’re defended by an experienced lawyer in the evolving laws.

Lead attorney Michael Komorn is recognized as an expert on the Michigan Medical Marihuana Act. He is the President of the Michigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group which advocates for the rights of medical marijuana patients and their caregivers.

Contact us for a free no-obligation case evaluation
800-656-3557.

Follow Komorn Law

Get cops out of the fencing racket

Get cops out of the fencing racket

Our Editorial: Get cops out of fencing racket


The Detroit News  |  The Detroit News

A bill moving through the state Legislature would get police out of the petty theft racket, but would leave the door open for them to continue engaging in grand larceny. Still, it’s an important step, and the measure should be adopted.

Civil asset forfeiture is an affront to constitutionally protected property rights and the fundamental legal concept of innocent until proven guilty. And yet it is practiced by nearly all of Michigan’s law enforcement agencies and protected by state law.

The House bill pushed by Speaker Tom Leonard, R-DeWitt, would drastically restrict this legalized theft.

The bill, HB 4158, would require a conviction before most private property could be seized from individuals and transferred to the government.

That may seem like a common sense condition, and certainly a fair one, but that is not the current practice in Michigan.

Here, police are able to grab property on the mere suspicion that it was gained from or helped facilitate criminal activity. In fact, 10 percent of those who have their assets seized are never criminally charged.

Getting the property back is a cumbersome and expensive process, and many of those whose possessions were taken find the effort to recover them not worth the time and money.

Property that is seized is most often sold and the proceeds used to fund police operations. That provides a perverse incentive for cops to find a connection between the assets and a suspected crime.

In a number of cases, cash and other items have been taken from houses and automobiles even when no trace of drugs or other illegal contraband is found inside.

In 2016, $15.3 million in private property was seized under the civil asset forfeiture law. Some years, the value has reached $25 million.

Three years ago the Legislature reformed the law to raise the standard of evidence required before property can be taken, and also demanded better accounting from police agencies about why assets were confiscated.

That has cut into the total amount taken, but the practice of grabbing private property without a conviction has continued. It would end under the House bill, at least for smaller seizures.

The proposed bill would still permit seizures of assets valued above $50,000, on the theory that such big-ticket items are a likely indication of drug activity. That reasoning is obviously flawed. There are a lot of non-criminal reasons someone may possess that much cash or other property.

Police should not be operating on assumptions. No property should be taken and held without enough evidence for a criminal conviction.

Law enforcement agencies are lobbying the Legislature hard to scrap the bill, arguing forfeiture is an important tool in combatting the drug trade. In reality, it has become a vital piece of their operating budgets.

If police need more money, raise taxes, but don’t steal the property of citizens.

Lawmakers should get police out of this sordid business by ending civil asset forfeiture in cases where no one has been convicted of a crime.

See Detroit News Artcle

ERAD – Is it real?

ERAD – Is it real?

I don’t know…But here is a story about it.  Your on your own to find the truth.  After the article there will be some links to other sites that will present the device in a different light.

Police Use Device to Strip Money from Drivers’ Debit Cards

Police officers are using a new technology, called ERAD machines, to siphon funds directly from drivers’ pre-paid cards in the course of ordinary traffic stops.

The tactic, which cops have deployed for months in states like Oklahoma, is a new twist in “civil forfeiture,” a controversial legal process that lets police seize funds from motorists if they suspect money is tied to a drug crime. Critics, however, liken the practice to banditry—noting the police use forfeiture to pay themselves, and that citizens must take extraordinary legal measures to get their money back.

The arrival of the handheld ERAD machines, which stands for Electronic Recovery and Access to Data, comes at a time when fewer people are carrying cash. They work by imitating the payment terminals found at ordinary retailers, and allowing cops to slurp up the values found on pre-paid cards for Visa (V, +1.40%) , Starbucks (SBUX, +0.80%) and so on.

For now, it appears the ERAD devices are only able to siphon funds from pre-paid cards, and not from a driver’s personal bank account or credit card.

According to Matt Miller, a senior attorney at the Institute for Justice, the advocacy group first became aware of the ERAD machines several months ago. Miller says law enforcement groups have been touting them as a way to seize funds from drug dealers, many of whom use pre-paid debit cards to move funds around.

Indeed, a recent press release from the Department of Homeland Security talks up the benefits of ERAD technology.

“[L]aw enforcement seized approximately 1,000 cards from a suspected drug trafficker. With this technology they were able to identify more than $48,000 in funds that were loaded onto the cards,” said the release. “Since it was put into field testing, the Prepaid Card Reader has resulted in approximately $1 million dollars being seized by state and local law enforcement agencies from suspected criminal activity. ”

The trouble, says Miller, is that drug dealers are far from the only ones who use pre-paid debit cards. He points out that a growing number of employers are using services such as Visa Payroll, which encourages them to pay workers through the cards.

Miller says that law enforcement typically offers an example of using ERAD in order to seize funds in the event a driver is found with a suspicious stack of 50 pre-paid Starbucks cards in the truck of a car. But in reality, the police may also be using it to suck up funds from a single card in a driver’s wallet.

“The tech seems to have come out of nowhere and there’s no oversight of this,” he said. “A whole lot of these cases are for forfeitures of $500 or $800.”

He adds that the overwhelming majority of the seizures result in default court judgments, often because people don’t have the means or will to fight the police in court.

Americans Stripped of Cash, Cars—and now Cards

The controversy over civil forfeiture soared to national attention in 2013, in part thanks to a scorching New Yorker article called “Taken” that described how certain police departments are effectively using traffic stops to rob citizens of cash. Comedian John Oliver also took up the subject in a widely-watched 2014 episode of Last Week Tonight.

Most of the incidents arise in so-called “forfeiture corridors” in states like Texas and Pennsylvania, where police officers confiscate cash from motorists, even though many of them were using the cash for legitimate small businesses or personal matters.

Typically, the police do not even bother filing a criminal drug charge, but instead just bring a forfeiture case to keep the cash. In the event the motorist who once held the cash wants to recover it, he or she is required to intervene in the case, the time and cost of retaining an attorney and attending court is often not a viable option. The cops win almost every time.

Civil liberties groups like the Institute for Justice have notched a few victories. In February, for instance, the group forced an Oklahoma Sheriff’s Department to return $53,000 it lifted from a Christian rock band during a stop over a broken tail-light.

While civil forfeiture raises numerous due process questions, a broad-based Constitutional victory has proved elusive, in part because governments have been quick to walk away from cases that come under close legal scrutiny.

Meanwhile, the Obama administration, which took steps last year to rein in a federal law encouraging the seizures, decided to backtrack in March and allow the forfeiture program to continue.

It will be interesting to see how many law enforcement agencies decide to make ERAD machines part of their day-to-day operations. While Oklahoma has acknowledged to using 16 of the devices, it’s unclear for now who else is using them.

Miller, the lawyer, says for now the privacy concerns are real, remarking, “You have a police officer with a scanner that might go into someone’s bank account. It raises red flags with due process and the fourth Amendment.”

By JEFF JOHN ROBERTS | June 9, 2016


ERAD GROUP

Officer.com