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Implementing an Asset Forfeiture Program

NCJ Number
187019
Journal
FBI Law Enforcement Bulletin Volume: 70 Issue: 1 Dated: January 2001 Pages: 1-7
Author(s)
Victor E. Hartman J.D.
Editor(s)
John E. Ott
Date Published
January 2001
Length
7 pages
Annotation
This article discusses the development and implementation of an effective asset forfeiture program serving communities by punishing the guilty subject, compensating the victim, and minimizing the cost to society.
Abstract
Asset forfeiture is a powerful tool for law enforcement agencies. It remedies many of the problems that often slip through the criminal justice system, such as addressing the issue of allowing a criminal to profit from crime, and it provides a remedy for the victim. Asset forfeiture deprives the subject of ill-gotten gains, compensates the victim, and serves the community. Initiating a forfeiture program involves addressing a variety of policy issues and administrative aspects. When creating a program, a law enforcement agency must create a comprehensive mission statement showing how the program will deter crimes, compensate victims, and serve the community. A department must establish safeguards to ensure they implement asset forfeiture only when appropriate. When managing a forfeiture program, departments must have a knowledge of the legal requirements and a mechanism for ensuring their compliance. Two legal theories on forfeiture laws have evolved: (1) the facilitation theory allows the government to seize property when it facilitates certain criminal conduct; and (2) the proceeds theory allows the government to seize property that represents the proceeds of certain specified unlawful activities. Regardless of which theory departments use, the results are more likely to have a successful outcome if officers seize the assets early in the investigation. Administrators need to ensure that their officers understand how their asset forfeiture program works and that they receive proper training on asset seizure.