NCJ Number
79007
Date Published
1981
Length
85 pages
Annotation
Findings and recommendations are presented from the General Accounting Office's assessment of the Department of Justice asset forfeiture program in drug trafficking cases.
Abstract
The drug trafficking revenues of organized crime are estimated at $60 billion annually. In an effort to undermine these huge profits, Congress enacted two statutes providing the Government with criminal forfeiture authority. Title IX of the Organized Crime Control Act provides that upon conviction for racketeering involvement in an enterprise, the offender shall forfeit all interests in the enterprise. The Comprehensive Drug Prevention and Control Act provided for criminal forfeiture of, among other things, profits derived through a continuing criminal enterprise that trafficks in controlled substances. The use and effectiveness of these statutory provisions were examined through an analysis of Drug Enforcement Administration criminal investigative files and U.S. Attorney criminal prosecutive files; discussions with special agents, group supervisors, and other Drug Enforcement Administration officials, as well as with U.S. attorneys; and discussions with Department of Justice and other agency officials. Findings show that the forfeiture of criminal assests has been miniscule, largely because of the limited use of asset forfeiture by the Justice Department. The Department has not given investigators and prosecutors guidance and incentives to pursue forfeiture. Also, emerging case law indicates the statutes may be flawed. Recommendations are offered for clarifying and broadening the scope of the criminal forfeiture statutes and for improving forfeiture program management. Justice Department comments on the assessment and footnotes are provided, and supplementary data and information are appended.