Date: Tue, 8 Feb 2000 13:36:40 -0500 (EST)
Message-Id: <200002081836.NAA00509@mattababy.mit.edu>
From: belmonte@mit.edu (Matthew Belmonte)
To: senator@kennedy.senate.gov
Subject: support S 1931

Dear Senator Kennedy

In October I wrote to you about the gaps in civil asset forfeiture reform that
would be legitimized by S 1701, and to express my hope that you'd support the
introduction of a true companion bill to HR 1658, which implements meaningful,
serious reform of civil asset forfeiture.

That companion bill has now been introduced, as S 1931 sponsored by Orrin Hatch
and Patrick Leahy.  It's been referred to the Judiciary Committee, where I hope
that you'll give it your full support.  S 1931 would dramatically reform
current law and end many injustices which disproportinately harm those who are
unable to pay for costly legal services.  It would force the government to
prove that a property is subject to forfeiture by a preponderance of the
evidence, instead of simply demonstrating probable cause.  It would give
property owners recourse to seek compensation for damaged or improperly seized
property.  It would provide an "innocent owner" defense, so that people who
were unaware that their property was being used illegally would not be
punished.  Most significantly for the poor, S 1931 would eliminate the
requirement that a property owner file a 10% bond in order to challenge a
seizure, and would require the government to pay the cost of legal counsel.

Again, I hope that you'll support this important bill to end abuse of the asset
forfeiture system.