FAIR Act

To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes. 1. Short title This Act may be cited as the Fifth Amendment Integrity Restoration Act of 2014 FAIR Act 2. Civil forfeiture proceedings Section 983 (1) in subsection (c)— (A) in paragraph (1), by striking a preponderance of the evidence clear and convincing evidence (B) in paragraph (2), by striking a preponderance of the evidence clear and convincing evidence (C) by striking paragraph (3) and inserting the following: (3) if the Government's theory of forfeiture is that the property used to commit or facilitate the commission of a criminal offense, or was involved in the commission of a criminal offense, the Government shall establish, by clear and convincing evidence, that— (A) there was a substantial connection between the property and the offense; and (B) the owner of any interest in the seized property— (i) intentionally used the property in connection with the offense; or (ii) knowingly consented or was willfully blind to the use of the property by another in connection with the offense. ; and (2) in subsection (d)(2)(A), by striking an owner who upon learning an owner who upon learning 3. Disposition of forfeited property (a) Revisions to Controlled Substances Act Section 511(e) of the Controlled Substances Act (21 U.S.C. 881(e)) is amended— (1) in paragraph (1), by striking civilly or (2) in paragraph (2)(B), by striking accordance with section 524(c) the General Fund of the Treasury of the United States (3) in paragraph (4)(B), by striking civilly or (b) Revisions to title 18 Section 981(e) (1) by striking is authorized or forfeiture of the property; may forward to the Treasurer of the United States any proceeds of property forfeited pursuant to this section for deposit in the General Fund of the Treasury or transfer such property on such terms and conditions as such officer may determine— (2) by redesignating paragraphs (3), (4), (5), (6), and (7) as paragraphs (1), (2), (3), (4), and (5), respectively; and (3) in the matter following paragraph (5), as so redesignated— (A) by striking the first, second, and third sentences; and (B) by striking paragraphs (3), (4), and (5) paragraphs (1), (2), and (3) 4. Department of Justice Assets Forfeiture Fund deposits Section 524(c)(4) (1) by striking subparagraphs (A) and (B); and (2) by redesignating subparagraphs (C) and (D) as subparagraphs (A) and (B), respectively. 5. Applicability The amendments made by this Act shall apply to— (1) any civil forfeiture proceeding pending on or filed on or after the date of enactment of this Act; and (2) any amounts received from the forfeiture of property on or after the date of enactment of this Act.

Summary: Fifth Amendment Integrity Restoration Act of 2014 or the FAIR Act - Amends the federal criminal code to increase the federal government's burden of proof in civil forfeiture proceedings to clear and convincing evidence. Requires the government, in addition to showing a substantial connection between the seized property and the offense in a forfeiture proceeding, to establish by clear and convincing evidence that the owner of any interest in the seized property intentionally used the property in connection with the offense or knowingly consented or was willfully blind to the use of the property by another in connection with the offense. Requires proceeds from the disposition of forfeited property to be deposited into the General Fund of the Treasury, rather than to Department of Justice (DOJ) accounts for law enforcement activities.