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Seize the moment

U.S. Attorney General Eric Holder's order curtailing government seizures of property from people never accused of a crime should be a signal to Philadelphia District Attorney Seth Williams. His aggressive use of civil forfeiture laws has been not only unjust, but also oblivious to the growing outrage over unfair confiscations.

Williams has used forfeiture aggressively to supplement his budget. MATT ROURKE / AP
Williams has used forfeiture aggressively to supplement his budget. MATT ROURKE / APRead more

U.S. Attorney General Eric Holder's order curtailing government seizures of property from people never accused of a crime should be a signal to Philadelphia District Attorney Seth Williams. His aggressive use of civil forfeiture laws has been not only unjust, but also oblivious to the growing outrage over unfair confiscations.

Over the course of a decade, Williams' office has taken $60 million in cash, homes, cars, and other property from thousands of people, including parents whose adult children were charged with selling drugs in or near their houses. Property that authorities believe to be linked to crimes may be forfeit even if the property owner is not suspected of involvement.

Few can doubt the district attorney's appropriate zeal for locking up bad guys. But taking away the homes that innocent people live in or the cars they drive to work doesn't fit any definition of justice.

Williams could moderate his stance by dropping his appeal of a recent Commonwealth Court order, under which homeowners who can show they had scant involvement with alleged crimes can keep their homes. The ruling also requires the city to come up with new standards for seizing property.

Holder, too, is scaling back forfeiture. He barred authorities from seizing cash, cars, homes, and other property without proving that a crime occurred. The administrative order, however, could be rescinded by a future attorney general, and it only applies to use of federal forfeiture laws. Most states, including Pennsylvania and New Jersey, have their own civil forfeiture laws granting officials expansive powers to punish innocent people.

In his appeal, Williams argues that he is protecting communities terrorized by drug trafficking. But bullying innocent members of those communities doesn't help that cause.

Mass property seizures by law enforcement were enabled during the peak of the war on drugs, in the mid-1980s, to keep kingpins from enjoying their illegal profits. But over time forfeiture laws became an important source of income for public safety officials, with few restrictions on what is taken or how the proceeds are used. The Worcester, Mass., prosecutor famously used forfeiture funds to buy a "Bambini," a smaller version of the Zamboni machine used to resurface ice rinks.

There is no evidence that Williams is making such ridiculous purchases with seizure proceeds. Rather, he's supporting his budget in a city where politicians talk a lot about crime but don't always spend enough fighting it. Mayor Nutter and City Council should give the District Attorney's Office the support it needs, and Williams should abandon an abuse that is tarnishing his otherwise solid record.