Courtroom 478 is where Philadelphia prosecutors conducted civil forfeiture proceedings. Civil forfeiture occurs when the government seizes property under suspicion of its involvement in illegal activity. Unlike criminal forfeiture, which is an in personam proceeding (against the owner of the property), civil forfeiture proceedings are conducted in rem (against the property itself) rather than in personam, leading to awkward case names such as Commonwealth v. 2000 Buick and Commonwealth v. 12011 Ferndale Street.

In documents filed with the U.S. District Court for the Eastern District of Pennsylvania, the City of Philadelphia has reached a settlement in a class-action lawsuit related to its civil forfeiture practices. The parties will ask the court for preliminary approval of the settlement after which class members can apply for compensation.

According to the Institute for Justice, one consent decree blocks the District Attorney’s Office and the Philadelphia Police Department from using forfeiture proceeds on salaries or other law-enforcement purposes. It also establishes a $3 million fund to compensate forfeiture victims according to the following criteria:

• Each qualifying person who submits a timely claim will get up to $90 in recognition of the violation of their constitutional rights;
• Each qualifying person who lost their property through forfeiture, but who was not convicted of a related criminal charge, will get up to 100 percent of the value of their forfeited property;
• Each qualifying person who lost their property through forfeiture, but who was only sent to a diversionary program for low-level, first-time offenders, will receive up to 75 percent of the value of their forfeited property;
• Each of the named representative plaintiffs will receive $2,500 for their efforts on behalf of the class;
• A portion of remaining funds will be distributed to non-profit organizations that provide services to communities hardest hit by Philadelphia’s forfeiture practices.

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In the other consent decree Philadelphia, the District Attorney and the First Judicial District of Pennsylvania agree to dismantle the city’s forfeiture machine. According to the Institute for Justice, the consent decree would:

• Greatly restrict when Philadelphia police can seize money and other property for forfeiture;
• Improve the notice which owners receive about the forfeiture process and their rights under it;
• Ensure that judges (as opposed to prosecutors) control forfeiture proceedings and monitor forfeiture settlements for fairness;
• Prohibit prosecutors from making owners return to court again and again at the risk of losing their property forever;
• Create a prompt, meaningful hearing process where property owners can demand the immediate return of their property.

Last Updated on September 21, 2018 by Ramin Seddiq