Negative Press Causes IRS to Clarify Position on Civil Forfeiture in Uncharged Structuring Cases.

Following a number of recent negative press stories, culminating in a front page article in the New York Times, the IRS’s Chief of Criminal Investigation just announced that the IRS will no longer pursue the seizure and forfeiture associated with legal source “structuring cases”, except under exceptional circumstances. Bills have been introduced in both the Senate and House of Representatives requiring the government’s standard of proof in civil forfeiture proceedings to be by “clear and convincing evidence”, a much higher standard than presently required. Sen. Chuck Grassley (R-IA) Ranking Member and possibly the new chairman of the Judiciary Committee suggested it was time to reform civil forfeiture laws and procedures.