Bobby Khan’s Plan to End Government Abuse of Asset Forfeiture
Stopping Unjust Seizures – Protecting the Rights of Americans
The Problem: Government Abuse of Civil Asset Forfeiture
The U.S. government has turned asset forfeiture into legalized theft. Under current laws, law enforcement agencies—at both the federal and state level—can seize money, cars, homes, and other property from Americans without ever charging them with a crime. Many victims never get their assets back because the system is rigged against them, with complicated legal loopholes and high costs to challenge a forfeiture.
Even worse, police departments are financially incentivized to seize property, using forfeited money to fund their own budgets. This is a direct violation of American constitutional rights.
It’s time to end this abuse and restore due process, fairness, and justice.
The Plan: Reforming Asset Forfeiture to Protect Americans
- Ban Civil Asset Forfeiture Without a Criminal Conviction
- Law enforcement should never be allowed to seize a person’s assets unless they are convicted of a crime.
- Right now, a person’s money or property can be taken based on mere suspicion—even if they are never charged with or convicted of a crime.
- I will fight to end this practice nationwide—if you aren’t convicted, the government has no right to take what’s yours.
- Limit Forfeitures to Only the Amount Proven in the Crime
- Even if someone is convicted, the government should only be able to seize assets equal to the financial loss caused by their crime.
- No more blanket forfeitures—where law enforcement takes everything a person owns even if it has nothing to do with the crime.
- Example: If someone is convicted of fraud involving $100,000, the government should not be allowed to take their house, car, and bank accounts worth $500,000.
- Stop Law Enforcement from Profiting Off Seized Property
- Police departments and government agencies should NOT be able to keep assets they seize.
- Right now, law enforcement has a financial incentive to take as much as possible—because the money goes straight into their budgets.
- I will push to require that any forfeited money goes into an independent victims’ fund—not to law enforcement budgets.
- End “Adoptive Forfeiture” – The Federal Loophole That Encourages Seizures
- Many states have passed laws restricting asset forfeiture, but law enforcement gets around them by turning cases over to federal agencies in a process called adoptive forfeiture.
- This allows local police to bypass state restrictions and still seize assets, keeping up to 80% of the proceeds.
- I will introduce legislation to ban adoptive forfeiture and close this loophole nationwide.
- Require Fast-Track Hearings for Victims to Reclaim Property
- Right now, it can take years for someone to get their seized property back—even if they were never charged with a crime.
- Many Americans can’t afford the legal fees to challenge the government, so they lose their property by default.
- I will push for a requirement that all forfeiture cases must be heard within 30 days, with the burden on the government to prove guilt—not on the victim to prove innocence.
- Increase the Burden of Proof for Forfeiture Cases
- Right now, the government only needs a low standard of proof to take property.
- I will fight to raise the legal standard to “Beyond a Reasonable Doubt,” just like any other criminal case.
- No more “guilty until proven innocent” policies—if the government wants to take your assets, they need to prove you actually committed a crime.
- Make the Government Pay Legal Fees if They Lose a Forfeiture Case
- Right now, many people lose their assets simply because they can’t afford to fight back.
- I will introduce a law requiring the government to pay a citizen’s legal fees if they seize property and lose in court.
- This will prevent wrongful seizures by discouraging the government from taking assets without solid evidence.
Why This Matters: The Case Against Civil Asset Forfeiture
- It Violates Basic Constitutional Rights
- Due process is a cornerstone of American law. No one should have their property taken without being convicted of a crime.
- Civil asset forfeiture flips the system upside down, forcing citizens to prove their innocence instead of the government proving their guilt.
- It Disproportionately Harms Middle-Class and Low-Income Americans
- The rich can afford lawyers to fight forfeiture cases—but working-class Americans often lose everything because they can’t afford legal fees.
- Many innocent Americans never get their money or property back simply because they don’t have the resources to fight the system.
- It’s a Government Money Grab Disguised as Law Enforcement
- The DOJ and local police profit off seized assets, which gives them a reason to take as much as possible—guilty or not.
- A government should not have a financial incentive to take money from its own citizens.
- Innocent People Have Lost Billions to Civil Forfeiture
- Between 2000 and 2019, the federal government seized over $68 billion through asset forfeiture—much of it from people never charged with a crime.
- In one case, a small business owner had $107,000 seized by the IRS—they never charged him with a crime and kept his money for years before returning it.
- It Does NOT Help Fight Crime—It Creates More Corruption
- Studies show that civil asset forfeiture does NOT reduce crime rates.
- In fact, it creates corrupt policing, where officers are trained to look for cash and assets to seize instead of solving real crimes.
The Bottom Line: Protecting Americans from Government Theft
- Ban Civil Asset Forfeiture Without a Criminal Conviction
- Limit Seizures to Proven Criminal Amounts Only
- End Law Enforcement Profiting from Seized Property
- Ban the Federal “Adoptive Forfeiture” Loophole
- Require Quick Hearings & High Burden of Proof
- Make the Government Pay Legal Fees When They Lose
If the government can take your property without convicting you of a crime, then you have no property rights at all.
This is America, not a dictatorship. We need to end civil asset forfeiture abuse NOW.
Bobby Khan for Congress – Fighting for Your Rights.