Civil asset forfeiture ... allows the government, without ever securing a conviction or even filing a criminal charge, to seize property. The practice ... has become a staple of law enforcement agencies because it helps finance their work. Under a Justice Department program, the value of assets seized has ballooned to $4.3 billion in the 2012 fiscal year from $407 million in 2001. From Orange County, N.Y., to Rio Rancho, N.M., forfeiture operations are being established or expanded. Much of the nuts-and-bolts how-to of civil forfeiture is passed on in continuing education seminars for local prosecutors and law enforcement officials, some of which have been captured on video. In the sessions, officials ... offered advice on dealing with skeptical judges, mocked Hispanics whose cars were seized, and ... gave weight to the argument that civil forfeiture encourages decisions based on the value of the assets to be seized rather than public safety. Prosecutors boasted in the sessions that seizure cases were rarely contested or appealed. Civil forfeiture places the burden on owners, who must pay court fees and legal costs. And often the first hearing is presided over not by a judge but by the prosecutor whose office benefits from the proceeds. Mr. McMurtry [chief of the forfeiture unit in the Mercer County, N.J., prosecutor's office] said his handling of a case is sometimes determined by department wish lists. If you want the car, and you really want to put it in your fleet, let me know - I'll fight for it."
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