Date: Fri, 15 Oct 1999 12:09:20 -0400 (EDT)
Message-Id: <199910151609.MAA26078@mattababy.mit.edu>
From: belmonte@mit.edu (Matthew Belmonte)
To: senator@kennedy.senate.gov
Subject: S 1701

Dear Senator Kennedy

I write to express my opposition to S 1701, the so-called Civil Asset
Forfeiture Reform Act, and my hope that you will introduce a measure that will
implement genuine reform of civil asset forfeiture using the house bill HR 1658
as a model.

S 1701, introduced by Jeff Sessions, is a sly attempt to kill in conference the
reform bill introduced by Henry Hyde in the House.  S 1701 advertises itself as
a companion to HR 1658, but in fact fails to include several key provisions.
S 1701 would allow the government to seize and to hold property without cause
until the time of trial, without satisfying HR 1658's standard of `clear and
convincing evidence'.  S 1701 would allow the government to require property
owners to post bond before they could begin to contest an unreasonable seizure.
S 1701 fails to provide attorneys to indigent claimants.  S 1701 contains no
mechanism by which property owners can recover damages incurred during the
process of seizure and holding.  S 1701 has few provisions for the release of
property in cases of hardship.  Furthermore, S 1701 opens private financial
records to scrutiny even in civil cases -- currently, such access is available
only in criminal proceedings.

S 1701 is headed for mark-up in the Judiciary Committee, of which you are a
member.  I urge you to use your position on the Judiciary Committee to oppose
this gutted version of civial asset forfeiture reform, and to introduce a true
companion bill to HR 1658.