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WASHINGTON,
DC
- Following
reports
of
the
IRS
seizing
and
refusing
to
return
the
assets
of
law-abiding,
small
business
owners,
U.S.
Senators
Tim
Scott
(R-SC)
and
Sherrod
Brown
(D-OH)
introduced
the
bipartisan
Restraining
Excessive
Seizure
of
Property
through
Exploitation
of
Civil
Asset
Forfeiture
Tools
(RESPECT)
Act.
For
nearly
two
years,
the U.S.
House
Ways
and
Means
Oversight
Subcommittee
has
investigated
the
IRS’s
unlawful
abuse
of
its
civil
forfeiture
authority.
Despite several
small
business
owners
providing
evidence
of
no
wrongdoing,
the
IRS
seized
their
assets
without
requiring
any
set
burden
of
proof.
To
challenge
the
claim,
these
small
business
owners
were
forced
to
take
the
case
to
the
Department
of
Justice;
a
process
that
was
often
unnecessarily
lengthy
and
expensive.
Many
claimants
chose
to
settle
instead,
and
in
the
process
lost
a
portion
of
their
assets,
despite
having
done
nothing
wrong.
“It
all
comes
down
to
fairness,”
said
Scott.
“The
IRS should
not
have
the
ability
to
seize
property
without
first
meeting
a
basic,
set
burden
of
proof.
The
investigation
carried
out
by
our colleagues
in
the
House
has
shown
how
damaging
the
haphazard
government
seizure
of
assets
can
be
for
small
business
owners,
and
by
extension
their
employees.
I
am
proud
to
join
Senator
Brown
to
introduce
this
important
legislation
that
will
protect
all
American
taxpayers,
prevent
unlawful
government
intrusion,
and
restore
basic
constitutional
rights.”
“Plain
and
simple,
the
IRS
can’t
take
your
property
if
you
haven’t
done
anything
wrong
–
it’s
one
of
the
most
basic
protections
in
our
constitution,”
Brown
said.
“This
bill
preserves
the
IRS’
ability
to
go
after
criminals,
while
also
protecting
law-abiding
business
owners
from
having
their
property
illegally
seized,
and
making
sure
those
who
are
found
innocent
can
get
their
property
back
without
having
to
jump
through
hoops.”
Under
current
law,
the
IRS
is
able
to
seize
Americans’
assets
without
meeting
any
standard
burden
of
proof.
If
passed,
the
RESPECT
ACT
would
require
the
IRS
to
show
probable
cause
that
funds
were
“derived
from
an
illegal
source
or
connected
to
other
criminal
activity,”
before
seizing
assets.
It
would
also
set
up
a
process
to
ensure
business
owners
and
individuals
who
can
show
proof
they
are
innocent
of
wrongdoing
can
get
their
property
back.
The
House
version
of
the
bill,
“Clyde-Hirsch-Sowers
RESPECT
Act,”
passed
unanimously
last
week.
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