FAIR Act

Bill: 116-hr-1895
Sponsor: Rep. Walberg, Tim [R-MI-7]
Introduced: 2019-03-27 in the House
Policy area: Crime and Law Enforcement
Subjects: Civil actions and liability
Congressional oversight
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Currency
Customs enforcement
Drug trafficking and controlled substances
Evidence and witnesses
Fraud offenses and financial crimes
Government trust funds

Summary:
action_date: 2019-03-27
text: 

Fifth Amendment Integrity Restoration Act of 2019 or the FAIR Act

 
This bill revises the procedure for and the structure of civil forfeiture.
 
First, the bill revises the general rules for civil forfeiture proceedings. Specifically, it (1) requires the right to counsel in all civil forfeiture proceedings, (2) raises the evidentiary standard to clear and convincing evidence for the civil forfeiture of property, (3) requires the government to establish by clear and convincing evidence that the owner of the seized property used the property with the intent to facilitate the criminal offense or knowingly consented or was willfully blind to its use in connection with the offense, and (4) expands the proportionality criteria used by a court to determine whether a civil forfeiture was constitutionally excessive. 
 
Next, it requires the proceeds from the disposition of seized property to be deposited into the Treasury, rather than to Department of Justice accounts for law enforcement activities.
 
Additionally, the bill eliminates equitable sharing payments (which allow the federal government to share federally forfeited property with participating states and local law enforcement agencies). 
 
It also adds a 
mens rea 
requirement (i.e., a knowing violation) to the prohibition against structuring financial transactions to evade reporting requirements. Further, it requires a probable cause hearing to be held within 14 days to determine if there is a violation for structuring financial transactions to evade reporting requirements, and requires the return of a monetary instrument if probable cause is not established.


Legislative actions:
action_date: 2019-05-03
text: Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
action_date: 2019-03-28
text: Referred to the Subcommittee on Health.
action_date: 2019-03-27
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-27
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-27
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-27
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Ways and Means, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2019-03-27
text: Introduced in House
action_date: 2019-03-27
text: Introduced in House