The most recent transfer in mid-March drew criticism from District 9 councilmember Elizabeth Beck, who questioned the ethics of accepting money seized from potentially innocent residents.
鈥淥ur civil asset forfeiture laws are broken,鈥� Beck said.
The Fort Worth Report talked to experts to answer commonly asked questions about the process of civil asset forfeiture, how it operates in Fort Worth, and why the practice is controversial.
What is civil asset forfeiture?
Civil asset forfeiture is a process used by law enforcement to gain money and property they think is related to criminal activity. Police seize belongings from individuals, and then prosecutors file suit in order to retain ownership of the property.
People do not have to be charged with a crime for their assets to be seized through this process. They must prove the property was not linked to a crime, even if they have not been arrested or charged for said crime. This differs from the standard for criminal asset forfeiture, which requires law enforcement to prove property was involved in or earned through criminal activity.
鈥淵ou鈥檙e punishing people for a crime they鈥檝e never been convicted of committing,鈥� Dan Alban, an attorney at the Institute for Justice, said. 鈥淎nd because law enforcement can keep up to 100% of these forfeitures, there are very strong incentives to pursue asset forfeiture.鈥�
Police argue that the practice is an essential tool to crack down on organized crime. Kevin Lawrence, executive director of the Texas Municipal Police Association, said the lower standard allows police to hit criminals in their pocketbooks even if they can鈥檛 place them behind bars.
鈥淐ivil asset forfeiture is intended to try and take a bite out of organized criminal syndicates by getting at their profit margin,鈥� he said. 鈥淚f we do away with civil asset forfeiture, who really benefits the most? It鈥檚 organized crime.鈥�
The Fort Worth Police Department has four routes to seize assets 鈥� joint Department of Justice investigations, joint Department of Treasury investigations, and county and city investigations (grouped as state investigations in the department鈥檚 budgetary breakdown). Money from federal joint investigations is split among the participating agencies.
Tarrant County-based attorney most frequently sees civil asset forfeiture through highway interdiction cases, where officers will stop motorists and look for reasons to search their vehicle, he said. Sloane is paranoid about making sure he has a series of official documents if he鈥檚 ever traveling with cash, for that reason, he said.
鈥淚t鈥檚 my money, but you know, again, I cover my bases as best I can,鈥� he said. 鈥淚s that going to stop an officer from taking it still if he wants to? I mean, he can still do it. And I still have to go fight to get it back.鈥�
How common is the practice in Texas?
Police departments across the state frequently use civil asset forfeiture. The practice has come under scrutiny at both the state and federal level over the years; critics say it targets .
Lawrence said while people often think of civil asset forfeiture as a 鈥榞et rich quick scheme鈥� for police, in reality there are built-in checks and balances.
鈥淚n order for it to actually be inappropriate or improper, the district court judge has to be just as involved as anybody else,鈥� he said. 鈥淎nd if that is the case, we have the board of judicial review.鈥�
Departments report civil asset forfeitures to the , which tracks totals annually.
Several other states have passed legislation aimed at reforming the practice in recent years. Last year, entirely. It is the fourth state to do so, joining Nebraska, New Mexico and North Carolina.
In Texas, State Rep. Matt Schaefer (R鈥揟yler) has filed several House bills over the years aimed at placing the burden of proof on the state rather than the accused whose property has been seized. None of the bills have been signed into law.
鈥淚t鈥檚 free money. It鈥檚 free cars, it鈥檚 free guns,鈥� Sloane said. 鈥淵ou know, it鈥檚 anything they see can be converted to law enforcement use.鈥�
While he is not supportive of doing away with civil asset forfeiture, Lawrence said there should be additional oversight of constitutionally elected law enforcement officers, including district attorneys.
鈥淚 think (misuse of the process) is probably more prevalent at the county level because there is not that accountability to the voter, directly to the voter, like there is for cities,鈥� he said.
How much money does the Fort Worth Police Department gain from civil asset forfeiture yearly?
In 2021, the department generated $856,876 in revenue. The majority of that money came from joint DOJ investigations. In 2020 and 2019, the majority of the revenue came from county and city investigations.
Data from showed that Texas as a whole collected an average of $41.6 million in civil asset forfeiture funds annually.
While people can contest forfeiture proceedings, Alban said it doesn鈥檛 always make financial sense. Because civil asset forfeiture is handled through a civil court, the accused are not provided a free court-appointed attorney. If someone had $500 seized, for example, lawyer fees to contest the seizure would likely be higher than the amount lost in the first place.
鈥淢any people don鈥檛 have the means to contest it,鈥� Alban said. As a result, many cases are closed through a default judgment.
鈥淚鈥檝e always taken these cases on a contingency basis, like 鈥業鈥檒l split the recovery with you or I鈥檒l take a percentage of the recovery that I get back,鈥� Sloane said. 鈥淚f I get nothing back for you, then you don鈥檛 you owe me nothing.鈥欌��
The police department said property it seizes is often abandoned as officers pursue further investigation, as a way for owners to reduce their criminal liability.
Where does that money go?
Money from civil asset forfeiture is generally split between the arresting department, the local prosecutor鈥檚 office, and the state. On the federal level, the department must apply for a share of the revenue.
In Fort Worth, the police department submits a proposed asset forfeiture budget for council approval. This year鈥檚 budget included 16 expenditure categories, including $61,250 to match a Texas Department of Transportation grant.
In a statement, the Fort Worth Police Department told The Fort Worth Report that 鈥渨hile some must be destroyed, property that has legitimate financial value is used to purchase equipment and technology. These resources help the Department with the expensive task of keeping pace with evolving crime strategies and technology with the ultimate goal of reducing the financial burden of policing to the taxpayer.鈥�
Beck would like to see the city reinvest the money into communities it was taken from, either in the form of drug and gun violence prevention efforts or other community services, she said.
鈥淚 think that making that statement, that we鈥檙e giving this back to the people, that it hurt, is a way forward,鈥� she said.
