FAIR Act of 2026

The Fifth Amendment Integrity Restoration Act of 2026, or FAIR Act, aims to significantly reform federal civil asset forfeiture procedures. A primary change is the elimination of nonjudicial forfeiture , mandating that all property forfeitures must proceed through a United States district court, thereby requiring judicial oversight for every case. This bill also shortens the government's timeline for identifying interested parties and filing civil forfeiture complaints after a seizure, ensuring quicker judicial review. Key provisions strengthen protections for property owners by increasing the government's burden of proof in civil forfeiture cases from "preponderance of the evidence" to "clear and convincing evidence." Furthermore, the government must establish a substantial connection between the property and the alleged offense, and prove the owner's intent or willful blindness. The bill also shifts the burden to the government to disprove an innocent owner defense and allows courts to authorize or appoint counsel for financially disadvantaged individuals. To remove financial incentives for seizing agencies, the FAIR Act directs all proceeds from forfeited property to the General Fund of the Treasury , rather than allowing agencies to retain these funds. It also amends laws related to structuring transactions, requiring proof that individuals *knowingly* evaded reporting requirements and that the funds were *not derived from a legitimate source*. For structuring-related seizures, a probable cause hearing must be held within 14 days, with property returned if probable cause is not found.