NCJ Number
165832
Date Published
1997
Length
22 pages
Annotation
Before asset forfeiture policies were established, drug cases were assigned priority by the amount of drugs involved and the threat to society; asset seizure has now become the primary objective of drug law enforcement.
Abstract
The Asset Forfeiture Fund created by the Anti-Drug Abuse Act of 1988 is more than a depository for income generated by liquidating seized assets (cash, automobiles, jewelry, art, and real estate). The fund is the central component in a reciprocal relationship between law enforcement agencies and Federal and State treasury departments. It is intended to help law enforcement agencies combat drug lords whose wealth has given them refuge from traditional drug law enforcement tactics. To empirically examine asset forfeiture as a drug law enforcement tool, data were obtained by the author while assuming the role of confidential informant in undercover narcotics operations in a southern state. He participated in 28 drug cases, assessed the impact of asset forfeiture, and identified several troubling aspects of asset forfeiture. In particular, he found that the asset seizure motive tended to undermine police interest in service to the community and that pressure resulting from police productivity demands created competition among agents and police officers in different jurisdictions. The selection of drug cases on the basis of asset seizure created two basic problems: (1) the process of raising revenue through asset forfeiture often required police to concentrate on cases that offered little or no direct social benefit; and (2) suspects involved in these cases often were not engaged in serious criminal activity. In many cases, however, asset forfeiture proved to be a valuable drug law enforcement tool. 68 references