[Congressional Record Volume 162, Number 144 (Thursday, September 22, 2016)]
[Extensions of Remarks]
[Page E1337]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]





 RESTRAINING EXCESSIVE SEIZURE OF PROPERTY THROUGH THE EXPLOITATION OF 
                    CIVIL ASSET FORFEITURE TOOLS ACT

                                 ______
                                 

                               speech of

                           HON. JODY B. HICE

                               of georgia

                    in the house of representatives

                      Tuesday, September 20, 2016

  Mr. JODY B. HICE of Georgia. Mr. Speaker, I rise in support of H.R. 
5523.
  In this day and age, the awesome power of the federal government can 
be difficult to fully appreciate for many citizens. Yet, when that 
power is used unwisely or unjustly, the consequences can be disastrous 
for innocent Americans.
  My friend and constituent, Mr. Andrew Clyde--for whom this 
legislation is named--experienced the full might of the federal 
government in the form of civil asset forfeiture.
  Four years ago, the Internal Revenue Service accused Mr. Clyde of 
structuring his bank deposits in such a way to avoid the $10,000 
threshold reporting requirement of the Bank Secrecy Act of 1986--a law 
aimed at uncovering illegal drug transactions. Then, with no due 
process and no evidence, the IRS seized nearly a million dollars from 
Mr. Clyde.
  Mr. Clyde is about as far from a drug dealer as you can get: He is a 
veteran of the U.S. Navy who served three combat tours in Iraq, a 
successful small business owner, and an upstanding citizen in our 
community.
  None of that mattered to the IRS--who employed their powers of civil 
asset forfeiture to hold Mr. Clyde's money hostage, force him to spend 
$100,000 in legal fees, and ultimately surrender $50,000 just to make 
the whole outrageous ordeal come to a close.
  This flies in the face of due process--one of our Republic's most 
fundamental liberties.
  The IRS has seized tens of millions of dollars from Americans in 
cases just like this where no criminal activity was even alleged, much 
less proven in a court of law.
  Andrew Clyde and the other men for whom this bill is named--Randy 
Sowers and brothers Jeffrey, Richard, and Mitch Hirsch--have dedicated 
themselves to ensuring this injustice will not continue to befall 
innocent Americans.
  H.R. 5523 would limit the IRS's authority to conduct civil asset 
forfeiture under the Bank Secrecy Act unless the property actually 
originated from illegal activity or was purposely structured to conceal 
illegal activity.
  I commend the work of the House Ways & Means Committee on this 
important issue, and I urge all my colleagues to support this 
legislation.

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