Clinton signs Civil Asset Forfeiture Act into law

WASHINGTON -Finally the burden of proof moves from the individual to the government in at least one respect. On April 25 President Clinton signed the Civil Asset Forfeiture Act into law. The Act helps shift the burden of proof in civil cases from the individual to government prosecutors who must prove with "clear and convincing" evidence that seized property was used in a criminal act. Prior to the law the federal government could seize property of suspects who had not been arrested. The defendant would then be required to prove the property was never linked to a crime. Credit unions supported the bill because difficulty in recovering assets, especially automobiles, seized during a criminal investigation could cause a loss to the credit union. "We've been strong supporters of this bill from the beginning and we're glad to see it pass with such strong support," said CUNA President and CEO Dan Mica. "This legislation properly shifts the burden of proof in asset seizure cases to the government and creates a more balanced, rational, and fair system which credit unions that have been involved in this process told us was badly needed." "One of the key differences in this Congress was the involvement of credit unions on behalf of reform. The Credit Union National Association gave crucial early support of civil asset forfeiture reform, and focused the grassroots energies of its members on the issue," said House Judiciary Committee Chairman Henry Hyde of Illinois. Rep. Hyde introduced the bill. "Without their input, I don't believe the House margin would have been as decisive last spring, and I am not certain that the Senate would have placed such a high priority on real reform." -pgentile@cutimes.com