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Cato Podcast

Philadelphia's 'Forfeiture Machine' Winds Down

Cato Podcast

Cato Institute

Immigration, News, News Commentary, Peace, 424708, Markets, Government, Libertarian, Policy, Politics, Cato, Defense

4.5979 Ratings

🗓️ 27 September 2018

⏱️ 13 minutes

🧾️ Download transcript

Summary

If a judge accepts the agreement, Philadelphia's process of seizing many millions of dollars in property from innocent owners will be dismantled. Darpana Sheth of the Institute for Justice explains why.

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Transcript

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0:00.0

This is the Kator Daily Podcast for Thursday, September 27th, 2018.

0:09.7

I'm Caleb Brown.

0:10.9

It was just a few years ago the city of Philadelphia turned its prosecutorial resources into an asset forfeiture machine that seized hundreds of homes from innocent owners each year.

0:21.0

Tharponacheth represents innocent property owners and a class action with the

0:25.1

Institute for Justice.

0:26.8

We talked about why the racket in Philly may soon be coming to an end.

0:31.1

Philadelphia does not have a very good reputation when it comes to seizing innocent

0:36.4

owners property and then selling it and funneling that money back into more law enforcement. So what was the case that

0:46.8

set off all of these challenges that the Institute for Justice has made in

0:51.4

Philadelphia? So about four years ago the Institute for Justice filed a federal class action to

0:58.4

challenge Philadelphia system which at the time was the largest municipal forfeiture program.

1:05.0

Philadelphia had really turned civil forfeiture into this kind of machine

1:10.0

that was taking more than 1,200 homes, more than 3,500 vehicles, and more than $50 million

1:19.2

in cash from its residents, many of whom were never even charged with a crime.

1:24.6

And this forfeiture machine was fueled by a very direct but perverse financial incentive.

1:32.1

As you noted, police and prosecutors were allowed to keep and use forfeiture revenue as they saw fit.

1:39.1

And so they really amassed a forfeiture slush fund just in that time period from 2002 to 2014 a forfeiture

1:50.1

slush fund of about 72 million dollars.

1:53.2

Now for people who have been, had their property seized, what kind of process were they

1:59.5

given in order to begin trying to get their property back?

2:04.5

It was really no process at all, certainly not one that could be considered due process.

2:11.7

Over decades, Philadelphia system involved filing these cookie cutter legal documents

...

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