Bill > HR1895

This bill, the Fifth Amendment Integrity Restoration (FAIR) Act of 2019, aims to restore the integrity of the Fifth Amendment to the U.S. Constitution by making several changes to civil forfeiture laws. The key provisions include: (1) raising the burden of proof for the government in civil forfeiture proceedings from "preponderance of the evidence" to "clear and convincing evidence"; (2) requiring the government to establish a "substantial connection" between the property and the alleged criminal offense, and that the owner either intended to facilitate the offense or was willfully blind to the use of the property; (3) prohibiting the Department of Justice from directly retaining forfeited assets, instead requiring the funds to be deposited into the General Treasury; and (4) providing a prompt post-seizure hearing for property seized in connection with certain monetary transactions.