NCJ Number
142055
Date Published
1993
Length
23 pages
Annotation
This pamphlet provides law enforcement officers with guidance in preparing a case of asset forfeiture for presentation to the prosecutor.
Abstract
Civil forfeiture exists under the laws of many States and under Federal law. Because these laws vary and because many are modeled after Federal law, Federal law is emphasized for this guide. Background on the development of civil forfeiture is reviewed. A series of seven questions is then presented which prosecutors routinely need answered when considering the prosecution of a case involving forfeiture. Investigators should be prepared to provide information about the crime committed, whether there is a forfeiture provision, the property that is forfeitable, the evidence that makes it forfeitable, the way the property should be or was seized, the property's value and location, and who the owners and lienholders of the property are. A model presentation memorandum is provided as well as an example of a case presentation. This document also includes National Asset Forfeiture Quality Assurance Principles which it is proposed that all Federal, State and local law enforcement agencies adopt. 2 appendixes