# FAIR Act of 2025 - Plain Language Summary

## What This Bill Does

The FAIR Act (Fifth Amendment Integrity Restoration Act) aims to reform civil asset forfeiture—a legal process that allows law enforcement to seize property suspected of being connected to crime, even without convicting the owner of a crime. This bill makes it significantly harder for the government to keep seized property by imposing stricter rules and higher legal standards.

## Key Changes

**Faster Notice and Shorter Timelines:** The government must now notify property owners within 7 days (instead of 60 days) that their property has been seized. Property owners have 30 days (instead of 90 days) to file a claim to get their property back.

**Higher Legal Standard:** The government must now prove its case using "clear and convincing evidence" (a higher standard) instead of just "preponderance of the evidence" (more likely than not). This makes it harder for the government to win forfeiture cases.

**Better Legal Representation:** People who cannot afford lawyers in forfeiture cases can now request that the court appoint one for them, regardless of whether the property is a home or has other value.

**Stricter Rules for Property Connected to Crime:** If the government claims property was used to commit a crime, it must prove both that there was a substantial connection between the property and the crime, AND that the owner either intentionally used it for the crime or knowingly allowed someone else to use it that way.

## Who Is Affected

- **Property owners** facing civil forfeiture would have stronger protections and faster access to their property
- **Law enforcement agencies** would face higher burdens of proof and stricter procedures
- **Low-income individuals** would benefit from appointed legal representation in forfeiture cases

FAIR Act of 2025

Paul, Rand

Fifth Amendment Integrity Restoration Act of 2025 or the FAIR Act of 2025This bill establishes more stringent requirements for the federal government with respect to civil asset forfeiture. Civil asset forfeiture generally refers to the seizure and forfeiture of property in connection with federal crimes.Specifically, the bill makes various changes to the general rules governing civil forfeiture proceedings. Among the changes, the bill&nbsp;<ul><li>generally requires the government to notify interested parties within 7 days (currently, 60 days) of a seizure,</li><li>requires an indigent property owner to be represented by counsel regardless of whether the owner requests counsel,</li><li>requires&nbsp;the government to meet a higher evidentiary standard in order to prove&nbsp;that seized property is connected to a crime, and</li><li>expands the factors&nbsp;courts must consider in determining whether a forfeiture of property is constitutionally excessive.</li></ul>Additionally, the bill eliminates statutory authority for equitable sharing (i.e., sharing of federally forfeited assets with state, local, or tribal law enforcement agencies that participate in law enforcement efforts resulting in a&nbsp;forfeiture). It directs forfeiture proceeds to be deposited into the general fund of the Treasury instead of the Department of Justice (DOJ) Assets Forfeiture Fund.The bill requires a prompt probable cause hearing following the seizure of money involved in a structuring offense (i.e., structuring currency transactions to evade currency reporting requirements).Finally, the bill requires the annual report on deposits to the DOJ Assets Forfeiture Fund to specify&nbsp;total deposits from each type of forfeiture.