Ned Searby Article Analyzes Bipartisan Effort to Limit Asset Forfeiture

Articles / August 3, 2017

Partner Ned Searby authored the front page article in the August 2017 “Business Crimes Bulletin” by Law Journal Newsletters. The article, “A Broadening Consensus to Narrow Asset Forfeiture,” examines how asset forfeiture expanded from its historic origins, but provoked a growing opposition, particularly as to civil forfeiture. He summarizes several recent U.S. Supreme Court cases and notes that the Court appears primed to revisit “minimum due process requirements and the constitutionality of taking property from innocent owners.” But Searby also notes that -- in conflict with the calls for reform -- AG Sessions recently restored federal asset forfeiture of property seized by state and local law enforcement. Searby concludes: “The future of asset forfeiture will depend on whether the government uses it judiciously as a focused weapon against serious provable criminal activity….”

Read the article (registration required).