“As was made clear in this case, the lax notice requirements allow the government to start the clock toward default judgment with perfunctory measures, such as ordinary mail, and by posting on a government forfeiture website that the citizenry has no reason to know of,” the 2nd Circuit wrote. “And because the typical forfeiture case concerns cash and goods with consequence to the deprived party but which rarely justify hiring a lawyer, a huge number of civil forfeiture cases are fought by claimants acting pro se. All this is driven by incentive: The authorities can pocket what they can seize by forfeit.”

Such criticisms of civil forfeiture are common among civil liberties groups, but it is rarer to read them in a federal circuit court opinion. It will be welcome reading not just for Starling but the many other property owners trying to navigate the civil forfeiture process without the means to hire a lawyer.

“I’m excited and looking forward to fighting this,” Starling said in an Institute for Justice press release. “And I’m happy that I was able to push through and persevere through all these filings, all this paper, and all these court proceedings. Nobody should have to fight this hard just to keep what’s theirs.”

[These kinds of civil forfeitures — cash seized and held without trial or even without specific charges — should be outlawed. Congress needs to take action to end or at least severely restrict these abuses. Maybe an embarrassingly blunt 2nd Circuit assessment like this will prompt action. — Ed]