NCJ Number
164248
Journal
Police Chief Volume: 63 Issue: 3 Dated: (March 1996) Pages: 49-50,52-53
Date Published
1996
Length
4 pages
Annotation
Of the different law enforcement policies currently employed at Federal, State, and local levels to control drug trafficking, one of the most effective is asset forfeiture.
Abstract
Designed to undermine the economic foundation of drug trafficking enterprises, forfeiture laws give law enforcement the authority to seize property that represents the proceeds of drug trafficking or is used to facilitate drug trafficking. While arrest, prosecution, and incarceration can incapacitate drug dealers, asset forfeiture can destroy illegal organizations by undermining their economic foundation. Asset forfeiture has also been used successfully to eliminate crack houses, money laundering facilities, and clandestine drug laboratories. Besides the primary benefit of thwarting the drug trade, a secondary benefit of asset forfeiture is the revenue it produces for law enforcement agencies. As of fiscal year 1994, Federal forfeitures resulted in almost $4 billion in net deposits to the Department of Justice's Assets Forfeiture Fund. Because criminal defense attorneys oppose asset forfeiture, several recommendations are offered to avoid potential problems: train police officers in cooperation with the local prosecutor's office in the application of forfeiture laws to prevent improper seizures; encourage preseizure planning to identify and protect innocent persons, reduce complaints and negative publicity, and avoid seizing assets that will ultimately be returned; expedite the return of property to innocent persons; emphasize the value of arresting offenders and seizing their assets; and publicize law enforcement benefits of asset forfeiture. 6 references