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Blog

Recent Abuse of Forfeiture Law Highlights Need for Reform in Oklahoma

FreedomWorks has been a strong supporter of civil asset forfeiture reform. In the past we’ve put forward stories like that of Mandrel Stuart whose money was seized by the Fairfax County police, leading to the eventual loss of his restaurant. Another case in North Carolina saw Lyndon McClellan’s bank account wrongfully seized by the Internal Revenue Service.

05/02/2016
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In Delaware Legislature, Bill Introduced to Dramatically Reform Civil Asset Forfeiture

Across the nation, more and more states are coming around to fix the injustices and intrusions on liberty committed through civil asset forfeiture. Just this month, Virginia, New Hampshire, and Nebraska have all taken steps to change their own asset forfeiture proceedings. Recently, a bill was introduced in the Delaware State Senate that may just make the First State the next state to adopt asset forfeiture reform.

04/18/2016
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Blog

Nebraska Asset Forfeiture Reform Passes through Legislature, Headed to the Governor’s Desk

The people of Nebraska have spoken, and they are calling for a change in the state’s asset forfeiture laws. Earlier this week, LB 1106 passed through the state’s unicameral legislature with a vote of 38 to 8, with 3 abstentions. The bill is now heading to the Governor Pete Ricketts' desk, waiting for a signature to become law.

04/15/2016
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New Hampshire Bill Pursuing Asset Forfeiture Reform, Protecting Innocent Citizens

In the Granite State, numerous citizens have faced infringements on their rights because of civil asset forfeiture abuse. Just as many other states have realized that asset forfeiture is being used as a tool to take away hard-earned cash and other such property from innocent citizens, New Hampshire must pursue change in the state’s policing laws. Fortunately, one such bill is making its way through the legislature to do just that.

04/08/2016
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Nebraska is Making Crucial Moves for Asset Forfeiture Reform

Many states are awakening to infringements on liberty being committed through civil asset forfeiture, and Nebraska could become the latest to protect the rights of its citizens.

02/12/2016
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Where Does Your State Rank?: New Report Offers Look at State Civil Asset Forfeiture Laws

The Institute for Justice, a libertarian public-interest law firm, has released an update of its groundbreaking 2010 report, Policing for Profit: The Abuse of Civil Asset Forfeiture. The report offers a detailed look at state civil asset forfeiture laws and grades them based on the standard of evidence prosecutors need to subject property and cash to forfeiture, whether the burden of proof falls on the government or the property owner, and the percentage of funds law enforcement received from forfeited property.

11/10/2015
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Federal government threatens states considering comprehensive civil asset forfeiture reform

The Department of Justice and Department of the Treasury are interfering in a debate over a piece of legislation currently in the California Assembly that would close a loophole in the state's civil asset forfeiture laws. The loophole allows law enforcement to circumvent protections in the state's forfeiture laws by pursuing forfeitures in federal courts, which creates a serious problem for innocent property owners.

09/08/2015
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Minnesota Expands Food Freedom

Minnesota experienced a win for liberty recently when the state reformed regulations on in-home food businesses. According to the Institute for Justice, almost every state has regulations, called cottage food laws, that limit the sale of food out of the home. However, until last month Minnesota was one of the strictest states, allowing many bakers to sell their products only at farmers’ markets and events, and capping the amount they could earn annually to $5,000.

08/06/2015
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House Judiciary Committee Revisits Kelo, Decides State of Property Rights Not Good

Ten years ago, the United States Supreme Court effectively scratched the line “for public use” from the Fifth Amendment’s Takings Clause, which allows the government to take and repurpose private property. The 5-4 decision in Kelo v. New London said that property may be taken from one private owner and given to another private owner if it will generate more revenue for the city.

07/10/2015
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This business owner fought IRS abuse of civil asset forfeiture and forced the government to return $107,000 of wrongfully seized cash

The Internal Revenue Service has agreed to give back nearly $108,000 it wrongfully seized from a North Carolina convenience store owner in July 2014. In dismissing the case against the seized cash, the powerful tax agency cited a policy change announced by the Justice Department in March that restricted civil asset forfeiture in so-called "structuring" cases where the individual from whom the money is seized is not charged with a crime.

05/20/2015

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