FAIR Act of 2025 2025-01-27 Introduced in Senate Fifth Amendment Integrity Restoration Act of 2025 or the FAIR Act of 2025

This bill establishes more stringent requirements for the federal government with respect to civil asset forfeiture. Civil asset forfeiture generally refers to the seizure and forfeiture of property in connection with federal crimes.

Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill 

  • generally requires the government to notify interested parties within 7 days (currently, 60 days) of a seizure,
  • requires an indigent property owner to be represented by counsel regardless of whether the owner requests counsel,
  • requires the government to meet a higher evidentiary standard in order to prove that seized property is connected to a crime, and
  • expands the factors courts must consider in determining whether a forfeiture of property is constitutionally excessive.

Additionally, the bill eliminates statutory authority for equitable sharing (i.e., sharing of federally forfeited assets with state, local, or tribal law enforcement agencies that participate in law enforcement efforts resulting in a forfeiture). It directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.

The bill requires a prompt probable cause hearing following the seizure of money involved in a structuring offense (i.e., structuring currency transactions to evade currency reporting requirements).

Finally, the bill requires the annual report on deposits to the DOJ Assets Forfeiture Fund to specify total deposits from each type of forfeiture.

]]> text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.