The case of a former southern Illinois police chief accused of selling for personal gain vehicles seized during a criminal investigation is giving rise to an effort to change state law to require law enforcement to better track what they do with other people’s possessions.
At least three bills introduced in recent weeks are aimed at improving transparency and providing data to accurately show what happens to seized property after police seize vehicles, firearms, cash and other items while looking into crime. Bill HB-1628 would require police to file an annual report of seized assets, the suspected crime, and accompanying information related to the original owner.
The practice, called civil forfeiture, is common among police departments as a way of removing monetary value from crime, specifically the drug trade. Property or money is seized under the suspicion that it was or is being used for criminal activity, sometimes without a charge or conviction. This usually leaves victims without a criminal charge or arrest but also without their property, leaving no recourse other than to retain private legal counsel in order to get their property back.
“Many people cannot afford private legal representation,” said Dan Alban, senior attorney and codirector of the National Initiative to End Forfeiture Abuse at the Institute for Justice. “So, they walk away or get lost in the procedural maze without ever seeing a judge.”
Police departments are often able to keep 90%-100% of seized assets and use them however they see fit, usually spending proceeds on purchases or upgrades to benefit the department, such as new equipment. In most states, police are not required to report the details of who, why or how much was seized, leading to a lack of regulatory oversight, Alban said.
In a recent case, federal prosecutors allege former Wayne City Police Chief Anson Fenton misappropriated property from a federally funded program and transported stolen property across state lines. The property in question includes a 2017 Harley Davidson motorcycle, which he allegedly traded for a 1991 Mustang and a 2000 Harley Davidson motorcycle that he later sold.
Fenton is also accused of transporting a 2022 Hayabusa motorcycle from Wayne County to Alexandria, Virginia, while being aware that the bike was stolen. If convicted, he could face up to 10 years in federal prison along with a fine of up to $250,000.
Additionally, a major conflict of interest is presented with what happens to that property or money after it is seized. Since there is an incentive attached to taking property or money for use in additional department funding, Alban says there is a realistic temptation to misuse assets, especially with a lack of transparent oversight.
“Law enforcement opposes these reforms because they stand to profit from the proceeds of forfeiture in most states and at the federal level. Generally, it is an alternate source of income that is not in their budget,” Alban says. “They do not have to account to the legislative body that funds them so they don’t have to justify spending decisions made from these forfeiture funds to the city council or the state legislature or to Congress.”
The Institute for Justice gives each state a letter rating based on its accountability and reporting of seized assets by law enforcement. Illinois is currently on the lower end, with a D- ranking due to a 90% profit incentive officers have in seizures, and officers may seize $500 or more in drug cases and anything at or above $100 in all other cases.
Alban and the Institute for Justice have put forth suggested improvements to Illinois law through sponsored bills in the legislature, like House Bill 1628. This and other bills, like HB1717 and SB1485, are aimed at improving transparency and providing data to accurately show how this practice is being executed and give more power to the people in knowing what is being done with their property and how to get it back.
As of Feb. 28, two of the three bills introduced to address the issue have not been scheduled for a committee hearing. The third bill – HB 1628, which would require police agencies to report certain information about seizures and forfeitures to the Illinois State Police – was scheduled to be heard in the House Judiciary-Criminal Committee on March 4.
To learn more about the Institute for Justice and their work, visit https://ij.org/issues/private-property/civil-forfeiture/.
This article appears in Opioid overdoses increase.
