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Assets of Asset Forfeiture

NCJ Number
172968
Journal
Police: The Law Enforcement Magazine Volume: 21 Issue: 10 Dated: October 1997 Pages: 69-72
Author(s)
S F Domash
Date Published
1997
Length
4 pages
Annotation
Police agencies that use asset forfeiture appropriately can discover that it is a legal tool that can provide a windfall for police agencies while dealing effectively with criminals; the experience of the Nassau County (N.Y.) Police Department demonstrates the use of this method in a large suburban police agency.
Abstract
Forfeiture laws began at the Federal level and have followed into the States and local municipalities. Nassau County is one of the few police agencies that has its own forfeiture squad. It started the squad 5 years ago and has received more than $10 million after litigation. The five detectives and a sergeant work on the simple principle that asset forfeiture is a civil remedy to criminal actions. The squad's first commanding officer emphasizes that asset forfeiture is a complex process. The rules change rapidly, and constant updating is necessary to avoid mistakes. The legal basis to initiate forfeiture proceedings in Nassau County exists in three separate jurisdictions: Federal, State, and local. The Federal law covers felonies such as drug law offenses, money laundering, gambling and racketeering laws, and other offenses. New York law involves forfeiture in any felony; the Nassau County rule also allows for forfeitures in crimes involving misdemeanors or violations. Nassau County works with both United States Customs and the Drug Enforcement Administration in these cases. Nassau County agrees to a National Code of Professional Conduct for asset forfeiture with the Federal Government each year. Photographs