The Fifth Amendment Integrity Restoration Act of 2024 (FAIR Act) significantly restricts the federal government's ability to seize and keep property through civil forfeiture proceedings. The bill eliminates nonjudicial forfeitures, requiring that all property seizures go through federal court with a judge's involvement, and shortens the government's timeline to notify property owners from 60 days to 7 days. It also raises the legal standard the government must meet to forfeit property from a "preponderance of the evidence" to "clear and convincing evidence," making it much harder for authorities to keep seized assets, and requires the government to prove the defendant is not an innocent owner. The legislation affects federal law enforcement agencies, property owners whose assets may be seized, and the Department of Justice forfeiture fund, which currently receives proceeds from civil forfeitures but would instead deposit funds into the general Treasury under this bill. The changes apply immediately to any civil forfeiture cases pending or filed after the bill's enactment, with no specific funding authorization since the bill actually redirects forfeiture revenues away from law enforcement agencies.
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