Bad Apples or Bad Laws?
Testing the Incentives of Civil Forfeiture
Critics of civil forfeiture have long argued that allowing law enforcement to take property and pocket the proceeds creates incentives to put profits ahead of justice. Chapman University economist Bart J. Wilson and co-author Michael Preciado designed a cutting-edge experiment to see whether the rules of civil forfeiture in fact change behavior, and if so, how.
The results suggest that forfeiture abuse isn’t the result of a few “bad apples,” but bad laws that encourage bad behavior—it’s not the players so much as the game.
Related Cases
Civil Forfeiture | Private Property
The Government Took Nearly $1.4 Million From a Kentucky Business and Wants to Keep It Forever. It Still Won’t Say Why.
The Case If you have ever pulled cash from an ATM or spent U.S. dollars in Mexico, you may have crossed paths with Steven Bailey’s business without knowing it. His company,…
Civil Forfeiture | Private Property
Phoenix-area small business files federal lawsuit after federal agents raid business, seize money
The Case On the morning of Feb. 25, 2025, Mario Ayala was in Mexico visiting his dying father. Unfortunately, Mario had to cut that trip short. The reason? Federal agents…
Civil Forfeiture | Private Property
Family Jewelry Business Fights Back to End Predatory Civil Forfeitures at Indianapolis FedEx Hub
Henry and Minh Cheng, who run a wholesale jewelry business, are fighting Indiana to keep money a customer sent them through FedEx. Indiana police seized the money and prosecutors are trying to take it through civil forfeiture without saying what the couple did wrong.
In The News
Liberty & Law Article
Smooth Landing for Airport Forfeiture Victim
Liberty & Law Article
Transparently Bad
Liberty & Law Article
Our Client Got Her Car Back, But Her Lawsuit Keeps Running
Liberty & Law Article
Bad Laws, Not “Bad Apples,” Drive Forfeiture Abuse
Related Reports
Civil Forfeiture | Private Property
Policing for Profit: Second Edition
Policing for Profit, 2nd Edition Published in 2015, this is an older edition of IJ’s landmark Policing for Profit report. You can download the report here, but please see the fourth and current edition for the most…
