Policing for Profit? Lawmakers, Advocates Raise Alarm at Growing Gov’t Power to Seize Property

Motel owner Russell Caswell wasn’t expecting to find himself at the center of a national controversy when FBI agents came knocking on his door.

They said they wanted his Tewksbury, Mass., business – and the land it was on – because they suspected it was a hotbed for drug-dealing and prostitution. The agents, who were working with state and local authorities, told a disbelieving Caswell they had the right to take the property, valued at as much as $1.5 million, through a legal process known as civil forfeiture.

Caswell, 70, fought back, and the case turned into one of the nation’s most contentious civil forfeiture fights ever – and one that legal experts say sheds light on a little-known practice that, when abused, is tantamount to policing for profit.

Civil forfeiture is when police and prosecutors seize property, cars or cash from someone they suspect of wrongdoing. It differs from criminal forfeiture cases, where prosecutors typically must prove a person is guilty or reach a settlement before freezing funds or selling property. In civil forfeiture, authorities don’t have to prove guilt, file charges or obtain a conviction before seizing private property. Critics say it is a process ripe for abuse, and one which leaves citizens little means of fighting back.

“You breed a culture of ‘take first, ask questions later,’” Larry Salzman, an attorney with the Institute for Justice, told FoxNews.com. “It’s thuggish behavior.”

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