FAIR Act of 2025
Sponsored By: Senator Rand Paul
Introduced
Summary
Requires judicial process for all federal forfeitures and raises the government's burden of proof. This rewrite also expands legal protections for people whose property is seized, tightens timing and notice rules, and shifts most forfeiture proceeds to the Treasury General Fund.
Show full summary
- People who lose property get faster notice and more access to counsel. Identity and address must be determined and notice sent within 7 days, and courts can appoint counsel when defendants cannot afford a lawyer or when lawyer costs would exceed the seized property's value.
- Individuals facing cash-seizure claims face new procedural protections for monetary-instrument cases. The bill adds a probable-cause hearing requirement that must occur within 14 days after notice and return of property unless probable cause is found.
- Federal agencies and courts must move forfeitures into U.S. district court and meet higher proof rules. The government must show use or involvement by clear and convincing evidence and many forfeiture proceeds are redirected to the Treasury General Fund instead of agency asset funds.
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Bill Overview
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Property seized only by court order
If enacted, federal agencies would not be allowed to forfeit property without going to a U.S. district court. All federal civil forfeitures would need a court order. The rule would apply even if other laws seem to allow nonjudicial forfeiture.
Stronger protections in civil forfeiture
If enacted, the government would need clear and convincing proof to show property was used to help a crime. If you present evidence you are an innocent owner, the government would then have to prove you are not by a preponderance of the evidence. Courts could appoint a lawyer if you cannot afford one or if lawyer costs would exceed the seized property's value. The government would have to identify your name and address and send notice within 7 days. You would have 30 days from the seizure to file a claim. Some related court actions would need to start within 6 months. Courts would also weigh the crime's seriousness, the connection to the property, property value, and owner hardship.
Most forfeiture money to Treasury
If enacted, most money from forfeited property would be sent to the U.S. Treasury General Fund or transferred as the Treasurer decides. The bill would change rules that currently send many forfeiture proceeds to the DOJ Asset Forfeiture Fund. Agencies would have to report deposits and clearly separate criminal forfeiture money from civil forfeiture money.
Fast hearings for money seizures
If enacted, anti-structuring rules would require the government to show a higher mental state by adding "knowingly." For property seized for alleged structuring, courts would have to hold a probable-cause hearing within 14 days after notice. Property must be returned unless the court finds probable cause. These hearing rules apply to property seized after enactment.
Sponsors & CoSponsors
Sponsor
Rand Paul
KY • R
Cosponsors
Cory Booker
NJ • D
Sponsored 1/27/2025
Mike Lee
UT • R
Sponsored 1/27/2025
Angus King
ME • I
Sponsored 1/27/2025
Mike Crapo
ID • R
Sponsored 1/27/2025
Cynthia Lummis
WY • R
Sponsored 1/27/2025
Ron Wyden
OR • D
Sponsored 1/27/2025
Peter Welch
VT • D
Sponsored 1/27/2025
Chris Van Hollen
MD • D
Sponsored 1/27/2025
Roll Call Votes
No roll call votes available for this bill.
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