Indiana's Forfeiture System Leaks Data, Leaving Lawmakers with a Flawed Picture of Justice
A new study from the Institute for Justice has shed light on the dark underbelly of Indiana's civil forfeiture system. While some states have taken steps to regulate and report on forfeiture cases, the Hoosier state still struggles with incomplete and inaccurate data.
Researchers at IJ analyzed court records and compared them to the official database used by Indiana prosecutors. What they found was shocking: nearly 2,000 missing cases, amounting to $10 million in unreported currency, and over 144 unreported vehicle forfeitures. The discrepancy is particularly striking given that more than half of all forfeiture cases went unreported in counties where private prosecutors handle the cases, rather than government attorneys.
Not only do these missing cases leave lawmakers without a complete picture of how forfeiture works in Indiana, but they also distort the overall narrative on the practice. According to official reports, only 0.2% of property owners contest forfeitures. However, IJ's sample suggests that this number is likely much higher – nearly one-third of all reported cases were contested by property owners.
Moreover, many of these reported cases contain errors in key details, including how much property was seized or whether the case was settled. The median amount of cash seized in uncontested cases is a mere $1,263, which raises questions about why property owners would bother contesting such small amounts.
In Marion County, police have been intercepting packages at FedEx facilities and attempting to seize large sums of cash under forfeiture. However, even in these cases, judges have sometimes ruled against the government, ordering the return of seized funds after property owners contested the forfeitures.
The problem with Indiana's forfeiture system is that it creates a perverse incentive for prosecutors to pursue cases, regardless of their strength. With private prosecutors often keeping up to one-third of the proceeds from successful forfeitures, there is little motivation to bring only strong cases or to prioritize justice over revenue.
Correcting these reporting issues is crucial not just for Indiana lawmakers but also for other states and federal officials who must take notice of this problem. Innocent Americans should not lose their property without due process or transparency. The government needs to do better, and it starts with accurate reporting on its own forfeiture cases.
A new study from the Institute for Justice has shed light on the dark underbelly of Indiana's civil forfeiture system. While some states have taken steps to regulate and report on forfeiture cases, the Hoosier state still struggles with incomplete and inaccurate data.
Researchers at IJ analyzed court records and compared them to the official database used by Indiana prosecutors. What they found was shocking: nearly 2,000 missing cases, amounting to $10 million in unreported currency, and over 144 unreported vehicle forfeitures. The discrepancy is particularly striking given that more than half of all forfeiture cases went unreported in counties where private prosecutors handle the cases, rather than government attorneys.
Not only do these missing cases leave lawmakers without a complete picture of how forfeiture works in Indiana, but they also distort the overall narrative on the practice. According to official reports, only 0.2% of property owners contest forfeitures. However, IJ's sample suggests that this number is likely much higher – nearly one-third of all reported cases were contested by property owners.
Moreover, many of these reported cases contain errors in key details, including how much property was seized or whether the case was settled. The median amount of cash seized in uncontested cases is a mere $1,263, which raises questions about why property owners would bother contesting such small amounts.
In Marion County, police have been intercepting packages at FedEx facilities and attempting to seize large sums of cash under forfeiture. However, even in these cases, judges have sometimes ruled against the government, ordering the return of seized funds after property owners contested the forfeitures.
The problem with Indiana's forfeiture system is that it creates a perverse incentive for prosecutors to pursue cases, regardless of their strength. With private prosecutors often keeping up to one-third of the proceeds from successful forfeitures, there is little motivation to bring only strong cases or to prioritize justice over revenue.
Correcting these reporting issues is crucial not just for Indiana lawmakers but also for other states and federal officials who must take notice of this problem. Innocent Americans should not lose their property without due process or transparency. The government needs to do better, and it starts with accurate reporting on its own forfeiture cases.