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The DUE PROCESS Act of 2024 amends federal civil forfeiture procedures to strengthen due process protections for property owners. The bill shortens notice and filing deadlines, requires an initial hearing before a magistrate judge within 10 days of request, shifts the burden of proof to the government to establish probable cause or lawful seizure, and expands the right to counsel for those who cannot afford representation. It also raises the standard of proof in civil forfeiture cases from preponderance of the evidence to clear and convincing evidence, and modifies criminal forfeiture procedures to allow defendants to use restrained property to retain counsel.
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