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The FAIR Act of 2024 amends federal civil forfeiture laws to require judicial involvement in all forfeiture proceedings and strengthen protections for property owners. Key changes include: eliminating nonjudicial forfeitures and requiring all forfeitures to proceed through federal courts; raising the evidentiary standard from preponderance of the evidence to clear and convincing evidence for government forfeiture claims; shortening notice periods from 60 to 7 days and claim deadlines from 90 to 30 days; expanding access to court-appointed counsel for those contesting forfeitures; and redirecting forfeited property proceeds to the U.S. Treasury's General Fund rather than allowing agencies to retain funds. The bill also adds a probable cause hearing requirement for seizures related to monetary transaction reporting violations.
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