How Asset Forfeiture Works in Chicago Federal Cases

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Last Updated on: 1st October 2023, 03:24 pm

 

How Asset Forfeiture Works in Chicago Federal Cases

Asset forfeiture is when law enforcement takes your property, even if you haven’t been convicted of a crime. It’s a big deal in Chicago.

Here’s how it works — the police suspect your property is connected to criminal activity. Then they take it, and it’s up to you to prove you earned or bought it legally. You don’t even have to be charged with a crime for them to take your stuff!

There are two main types of asset forfeiture:

• Criminal forfeiture – This happens after you’re convicted of a crime. The court orders you to forfeit property related to the crime.
• Civil forfeiture – With this one, they take your property without convicting or even charging you. It’s against your property, not you.

Civil forfeiture is used more often than criminal forfeiture. It has less protections for property owners. The government just has to show your property is probably connected to a crime [3].

How Asset Forfeiture Works in Chicago

Asset forfeiture is big business in Chicago. In 2017, Cook County made over $4 million just from civil asset forfeiture !

Here’s the typical process:

1. Chicago police pull you over and take cash, your car, jewelry, or anything valuable.
2. They file a civil forfeiture case against your property in Cook County Circuit Court.
3. The burden is on you to prove your property is innocent, which is hard to do.
4. If you don’t respond in time, they get to keep and sell your property.

You don’t even have to be charged with a crime. Just being suspected is enough for them to take your stuff. Pretty crazy right!

Who Asset Forfeiture Targets in Chicago

Asset forfeiture happens way more in poor Chicago neighborhoods [6]. For example, in 2017:

• African Americans made up 72% of asset forfeiture cases, even though they’re only 33% of Chicago’s population.
• Poor neighborhoods had the most cars seized, like West Garfield Park and Englewood.

So asset forfeiture clearly targets poor minorities more. That’s messed up.

The Agencies Doing Asset Forfeiture in Chicago

Lots of law enforcement agencies do asset forfeiture in Chicago, including:

• Chicago Police Department – They have a whole Asset Forfeiture Unit for this [5].
• Cook County State’s Attorney’s Office – They handle most local cases.
• Illinois State Police – They work with the feds on highway drug busts.
• DEA, FBI, ATF – The feds are very active too.
• U.S. Marshals Service – They manage seized assets.

With so many agencies involved, oversight is lacking. There’s lots of room for abuse.

How Chicago Police Justify Asset Forfeiture

Police say asset forfeiture fights drug trafficking by taking away criminal profits. When they bust drug couriers on the highways, asset forfeiture lets them seize the cash [2].

In the 1990s, Chicago Police set up a special Asset Forfeiture Unit to get more money from seizures [5]. This really ramped up their forfeitures.

But sometimes I think they just use it to raise money and target poor minorities. What do you think?

Criticisms of Asset Forfeiture in Chicago

There’s been lots of criticism of how asset forfeiture works in Chicago:

• Innocent people lose property without being convicted of anything.
• Police have a profit motive to seize assets.
• It targets minorities and the poor unfairly.
• The burden is on owners to prove assets are innocent.
• It leads to mistrust between police and communities.

Those are all good points. Reforms are definitely needed.

Recent Asset Forfeiture Reforms in Illinois

After years of criticism, Illinois finally passed some reforms in 2019 [1]:

• Police now need more evidence to seize property.
• More reporting requirements on seizures.
• It’s easier to get seized property back.
• Police can’t use seizures to raise money anymore.

The reforms help, but asset forfeiture still happens a lot here. More changes are needed to protect people’s rights.

How to Fight Asset Forfeiture in Chicago

If police take your property, don’t give up! Here are some tips:

• Get a lawyer fast – the deadlines are short.
• File a claim demanding your property back.
• Show how you legally obtained the property.
• Negotiate with prosecutors for a settlement.
• Consider federal court if state court doesn’t work.

With a good lawyer, many people are able to get their property back. Don’t let them take your stuff without a fight!

The Bottom Line

Asset forfeiture is controversial, but common in Chicago. Police take property without charging people with crimes. It happens most in poor, minority neighborhoods.

Recent reforms help, but more protections are needed. If your property gets seized, act quickly to get it back.

What do you think? Should asset forfeiture be allowed at all? Let me know in the comments.

References

[1] https://www.illinoispolicy.org/reports/asset-forfeiture-in-illinois/
[2] https://www.usmarshals.gov/what-we-do/asset-forfeiture
[3] https://www.justice.gov/afms/types-federal-forfeiture
[4] https://lawecommons.luc.edu/cgi/viewcontent.cgi?article=1491&context=pilr
[5] https://www.ojp.gov/ncjrs/virtual-library/abstracts/asset-forfeiture-units
[6] https://www.prisonpolicy.org/blog/2017/08/11/chicago/
https://www.aclu-il.org/en/press-releases/cook-county-asset-forfeiture-numbers-are-outrageous