In Indiana, Prosecutors and Trial Lawyers Conspire to Seize Property

I had to blink twice when I received the news release from Forfeiture Endangers American Rights (http://www.fear.org).

In the great state of Indiana, Henry County prosecutors have contracted with a trial lawyer, who calls himself a "forfeiture specialist," to prosecute its asset forfeiture cases for a contingency fee.

If successful, former prosecutor J. Gregory Garrison, who hosts a popular radio show, will get keep 30% of the forfeited assets—40% if the case goes to trial. The remainder of the money goes to the Henry County Prosecutor's office, where it can be used for "any purpose" related to law enforcement. 

So far, county prosecutors have only committed to give Garrison a single case—but it's a whopper, with the value of the assets seized to date coming to US$3.7 million.

The corrupt practice of "policing for profit" is bad enough—having the assets law enforcement seizes going back to law enforcement creates a "bounty hunter" mentality. You don't need to be a rocket scientist to understand that this arrangement creates a compelling financial incentive for law enforcement agencies to maximize funding for their operations. One small example: many police departments now prefer to arrest drug buyers, rather than dealers, because buyers are sure to have cash with them.

Now, combine policing for profit with the concept of a trial lawyer prosecuting a forfeiture case in exchange for a contingency fee. That's Henry County's innovation. 

The vast majority of Indiana residents appear to approve of appointing a trial lawyer on a contingency basis to handle forfeiture cases, judging from the responses to a story in the Indianapolis Star. 

Personally, I think it's a disgrace. It's a disgrace to the traditional values of law enforcement ("to serve and protect," not to confiscate property), a disgrace to legal profession, and (according to forfeiture attorney Brenda Grantland), a possible violation of the Due Process clause of the U.S. Constitution.

And what's even more frightening: if Henry County gets away with this, the practice will probably spread.