Sibley says according to one estimate, in 80 percent of civil forfeitures no criminal charges ever are filed. He says proceeds from auctions of seized property give a welcome boost to the budgets of many federal, state and local agencies that enforce rules, regulations and laws. The Office of Management and Budget estimates the reform law will affect 60,000 federal seizures annually. Owners can get their property back pending settlement of the claim if they can show they will suffer a hardship without it. Property owners who successfully challenge a seizure are entitled to reasonable attorney s fees, and indigents have the right to a public defender.
Owners can seek compensation for damages to the property while it is in the government s possession.
The reform act also broadens the definition of innocent owner. An innocent owner either must have been unaware of the illegal conduct giving rise to the forfeiture or upon learning of it must have done what reasonably could be expected to stop it. An owner needn t expose him- or herself to danger. Reasonable efforts include giving timely notice to the police of the illegal activity, or revoking or making a good-faith attempt to revoke permission to use the property. Sibley says government opposition to the reforms produced a bill that was much weaker than the one that passed the House 375-48 a year ago June.