FREE e-Newsletter
Important News - Hot Topics
Get them Now!

Departments : Patrol Response To...

Asset Forfeiture

You can use criminals' ill-gotten gains to help fund your department's war on crime.

February 12, 2010  |  by Joseph Petrocelli - Also by this author

Adoptive Forfeiture

There are hundreds of complicated state and federal laws governing the forfeiture of property. For this, and several other reasons, it is often best for a local police department to team up with a federal agency in a forfeiture case. This process is known as adoptive forfeiture.

By working with a federal agency, your department can foster an environment of cooperation that could be useful for other cases. Your department gains the benefit of the federal agency's experience, as well as its personnel, resources, and expertise. The federal agency usually takes 20 percent of the forfeited property for its efforts.

The adoptive forfeiture process begins when your local department submits a request for adoption. The request is reviewed by the appropriate federal agency. If the case is adopted your local agency must abide by several regulations, including how the forfeited assets can be used.

For the most part it must be agreed that your department will use forfeited assets to enhance its crime fighting mission. This can be done by obtaining more resources and conducting more investigative activities. Such money can be spent on:

  • purchasing equipment
  • paying overtime
  • improving police facilities
  • conducting training
  • building detention facilities
  • conducting D.A.R.E. programs

It's also important to be aware of what forfeited funds cannot be used for. They can't be used to pay the salaries of existing positions or for political or personal purposes. And forfeited property cannot be used by non-law enforcement personnel for non-law enforcement purposes. This probably goes without saying, but it would also be considered inappropriate to use forfeited funds in an extravagant or wasteful way.

An important point to note: Forfeited funds must increase or supplement resources but can never replace them. For example, if an agency receives $100,000 in forfeited funds a city council could not turn around and cut the department's budget by $100,000.

CONTINUED: Asset Forfeiture «   Page 2 of 3   »

Tags: Asset Forfeiture


Be the first to comment on this story





POLICE Magazine does not tolerate comments that include profanity, personal attacks or antisocial behavior (such as "spamming" or "trolling"). This and other inappropriate content or material will be removed. We reserve the right to block any user who violates this, including removing all content posted by that user.

Other Recent Stories

Bullet-Proofing Your Rolling Office
The murder of Sgt. Cory Wride and the attempted murder of Dep. Greg Sherwood reveal a key...
Team Wendy Exfil Ballistic Helmet
In 2014 Team Wendy took its Exfil LTP design and added NIJ Level IIIA ballistic protection...
Self-Defense: An Eroding Right for Officers
The rights of law enforcement officers are under assault in this country. And no right...
Does Child Safety Come First?
When it comes to protecting our children at school, you'd rationally expect all hands in...
Estate Planning: What Will You Do?
You have a "go-bag" for the rare active shooter and even visualize racing down a school...

Get Your FREE Trial Issue and Win a Gift! Subscribe Today!
Yes! Please rush me my FREE TRIAL ISSUE of POLICE magazine and FREE Officer Survival Guide with tips and tactics to help me safely get out of 10 different situations.

Just fill in the form to the right and click the button to receive your FREE Trial Issue.

If POLICE does not satisfy you, just write "cancel" on the invoice and send it back. You'll pay nothing, and the FREE issue is yours to keep. If you enjoy POLICE, pay only $25 for a full one-year subscription (12 issues in all). Enjoy a savings of nearly 60% off the cover price!

Offer valid in US only. Outside U.S., click here.
It's easy! Just fill in the form below and click the red button to receive your FREE Trial Issue.
First Name:
Last Name:
Rank:
Agency:
Address:
City:
State:
  
Zip Code:
 
Country:
We respect your privacy. Please let us know if the address provided is your home, as your RANK / AGENCY will not be included on the mailing label.
E-mail Address:

Police Magazine