Bill > S4074

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: raising the burden of proof for the government to forfeit property from a "preponderance of evidence" to "clear and convincing evidence"; requiring the government to establish a "substantial connection" between the property and a criminal offense; providing for the return of property and tripled damages if the forfeiture is found to be grossly disproportional; and prohibiting federal agencies from conducting "nonjudicial" forfeitures, requiring all forfeitures to go through the judicial process. The bill also addresses the disposition of forfeited property and reporting requirements for the Department of Justice's Assets Forfeiture Fund.