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Washington
–
After
reports
showed
the
IRS
seized
and
refused
to
return
assets
to
law-abiding
citizens,
U.S
Senator
Tim
Scott
(R-SC)
introduced
the
Restraining
Excessive
Seizure
of
Property
through
Exploitation
of
Civil
Asset
Forfeiture
Tools
(RESPECT)
Act.
During
an
extensive,
nearly
two-year
investigation,
the
U.S.
House
Ways
and
Means
Oversight
Subcommittee
looked
into
the
actions
that
showed
the
unjustified
overreach
of
the
IRS’s
civil
forfeiture
authority.
In
multiple
instances
it
was
discovered
the
IRS
had
seized
civil
assets
from
small
business
owners
without
providing
substantial
evidence
to
support
their
claim.
In
order
to
counter
the
claim,
the
small
business
owners
had
to
present
the
case
to
the
Justice
Department,
a
procedure
that
is
often
costly
and
lengthy.
Instead,
many
claimants
would
choose
to
settle,
a
move
that
drained
their
resources,
and
as
a
result
negatively
impacted
their
employees.
“Government
entities
should
not
be
allowed
to
seize
Americans'
property
without
first
meeting
a
set
burden
of
proof,”
said
Scott.
“A
Congressional
investigation
found
that
the
IRS
has
taken
advantage
of
their
civil
forfeiture
authority,
and
seized
property
without
justification.
The
residual
effects
hurt
our
small
business
owners,
and
by
extension
their
employees.
It
is
time
we
work
toward
restoring
basic
constitutional
rights
to
our
citizens.”
“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.”
As
it
stands,
the
IRS
is
legally
able
to
seize
Americans’
property
without
having
to
meet
a
burden
of
proof.
If
passed,
the
RESPECT
Act
would
require
the
IRS
to
show
probable
cause
explicitly
showing
wrongdoing
before
seizing
assets.
It
would
also
create
a
clearer
path
for
business
owners
and
individuals
to
present
proof
that
would
clear
them
of
wrongdoing,
and
would
allow
them
to
get
their
property
back.
The
full
text
of
the
bill
can
be
read
here.
The
House
version
of
the
bill
sponsored
by
Rep.
Peter
Roskam
(R-IL)
was
introduced
last
week.
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