NCJ Number
98203
Date Published
1983
Length
323 pages
Annotation
To provide a thorough examination of the problems confronted by Federal law enforcement agencies in their attempts to take profits out of drug dealing, the House Crime Subcommittee held hearings on June 23 and October 14, 1983 on H.R. 3272, H.R. 3299, and H.R. 3725, The Comprehensive Drug Penalty Act.
Abstract
The net result of these inquiries reemphasize the fact that the single most important crime problem is the vast increase in drug trafficking in recent years. Drug dealers have been able to accumulate huge fortunes as a result of their illegal activities, and financial penalties for drug dealing are frequently only viewed as a cost of doing business. Under current law, the maximum fine for many serious drug offenses is only $25,000. The new Comprehensive Drug Penalties Act contains several essential elements. The bill substantially increases maximum permissible criminal fines in drug cases and establishes a new alternative fine under which drug offenders can be fined up to twice their gross profits. The present civil forfeiture law is amended to permit the civil forfeiture of land and buildings used for holding or storage of controlled substances when such use constitutes a felony. The bill changes certain venue authority to allow the Justice Department to bring civil forfeiture actions in a district where the defendant is found or where the criminal prosecution is brought. Ten million dollars are to be set aside in fiscal year 1984 and 1985 from forfeiture dispositions into a revolving fund to be used for drug law enforcement purposes, and the bill provides for the first time criminal forfeiture provisions for all felony drug cases. Authority for courts to restrain the transfer of property which might be subject to forfeiture is outlined and a permissive presumption in criminal forfeiture cases is created under which all property acquired by drug offenders during the period of the violations is subject to forfeiture if no other likely source for such property exists. The testimony of witnesses appearing at the hearings and the text of the bills are included.