What does Preamble of FAIR Act of 2025 do?

This bill is formally titled 'To restore the integrity of the Fifth Amendment to the Constitution of the United States, and for other purposes.'

What does SHORT TITLE. of FAIR Act of 2025 do?

This bill is formally titled the Fifth Amendment Integrity Restoration Act of 2025.

What does CIVIL FORFEITURE AND NONJUDICIAL FORFEITURE. of FAIR Act of 2025 do?

This section amends Section 983 of Title 18, United States Code, related to civil forfeiture and nonjudicial forfeiture. It modifies procedures for determining the identity of parties involved in forfeiture actions, requiring notification within specific timeframes. The amendments adjust timelines for filing claims and responding to them, shortening some periods. The standard of proof for forfeiture is raised to 'clear and convincing evidence' in certain circumstances. The government's burden of proof regarding innocent ownership is clarified. Procedures for nonjudicial forfeitures are modified, including timelines for commencing proceedings. The court's considerations in determining forfeiture are expanded to include factors like the seriousness of the offense and the hardship to the property owner. The bill prohibits federal agencies from conducting nonjudicial forfeitures and mandates that all forfeitures occur through judicial process.

What does DISPOSITION OF FORFEITED PROPERTY. of FAIR Act of 2025 do?

This section amends the Controlled Substances Act to revise procedures related to forfeited property. Chapter 46 of Title 18, United States Code, is amended to require forwarding proceeds of forfeited property to the General Fund of the Treasury. The Tariff Act of 1930 is amended, including changes to section 613A(a) and a revision of the section heading for section 616 to 'dismissal in favor of forfeiture under state law'. Section 9705 of Title 31, United States Code, is amended to remove certain subparagraphs and paragraphs.

What does DEPARTMENT OF JUSTICE ASSETS FORFEITURE FUND DEPOSITS. of FAIR Act of 2025 do?

This section amends Section 524(c)(4) of Title 28, United States Code. Subparagraphs (A) and (B) of Section 524(c)(4) are struck. Subparagraphs (C) and (D) are redesignated as (A) and (B), respectively.

What does STRUCTURING TRANSACTIONS TO EVADE REPORTING REQUIREMENT of FAIR Act of 2025 do?

This section amends Title 31 of the United States Code, specifically sections 5324 and 5317. Amendments to section 5324 add the term 'knowingly' to certain subsections related to monetary instrument transactions. Section 5317 is amended to add a new subsection (d) establishing a probable cause hearing requirement for property seizures related to alleged violations of section 5324. A court must conduct a hearing within 14 days of notice if property is seized or restrained under section 5324. Property seized will be returned unless the court finds probable cause to believe a violation of section 5324 occurred. Individuals from whom property is seized must be notified of their right to a hearing. The amendment to section 5317 applies to property seized after the enactment of this Act.

What does REPORTING REQUIREMENTS. of FAIR Act of 2025 do?

This section amends Section 524(c)(6)(A)(i) of Title 28, United States Code. The amendment inserts language requiring a distinction between funds obtained from criminal forfeitures and civil forfeitures.

What does APPLICABILITY. of FAIR Act of 2025 do?

This section outlines the applicability of the Act's amendments. The amendments apply to civil forfeiture proceedings pending on or filed after the date of enactment. The amendments also apply to amounts received from property forfeiture on or after the date of enactment.

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FAIR Act of 2025

Last updated: 1/27/2025 · Introduced: 1/27/2025

Author: Rand Paul (R-KY)

TL;DR (AI)

The bill requires all forfeitures to occur through judicial process, prohibiting federal agencies from conducting nonjudicial forfeitures.
It raises the standard of proof for forfeiture to 'clear and convincing evidence' in certain circumstances and clarifies the government's burden regarding innocent ownership claims.
The bill mandates that proceeds from forfeited property be deposited into the General Fund of the Treasury and establishes a probable cause hearing requirement for property seizures related to alleged violations of monetary instrument transaction reporting requirements.

119th Congressin committeeHR. 7638(In Committee)Official page

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Other Sections

Includes provisions on preamble, short title., and 6 more.

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