Appendix D: Asset Forfeiture Investigation

• Author: Ken Wallentine
• Pages: 289-293

APPENDICES 289

Appendix D: Asset Forfeiture Investigation

Asset forfeiture is a tool to assist law enforcement to curb

the flow of illegal drugs in our communities. Americans spend

an average of more than $60 billion on illegal drugs each

year. Asset forfeiture helps take away the profit incentive in

drug dealing, reduce the financial base for maintaining and

expanding drug operations, and apply drug dealers’ profits

to public programs. A bank robber cannot keep the money

stolen from a bank. Why should a drug dealer or illegal

arms merchant be allowed to keep profits from sales of con-

traband?

An asset forfeiture case is a civil lawsuit against prop-

erty, not persons. A drug dealer can be charged with the

underlying crime at the same time that the drug dealer’s

nice car can be sued. Because asset forfeiture actions are

civil, a preponderance of the evidence standard applies.

Hearsay evidence may be admitted.

Forfeiture of illegal drugs and weapons is based on the

contraband nature of the property. Property that can be traced

to an illegal drug transaction is a proceed. Proceeds are

forfeited on the basis that they are profits of illegal activi-

ties. Property that is used to facilitate illegal activities is

also subject to forfeiture. Asset forfeiture may occur in ei-

ther state or federal court. If state or local officers investi-

gate the case and the charges are brought in state court,

and there is property subject to forfeiture, then a state court

forfeiture action is appropriate.

Additional questions must be asked when investigating

a crime involving property potentially subject to forfeiture.

Ask questions that connect the property to facilitation of the

crime and profit from the crime. Consult with the govern-

ment attorney assigned to prosecute civil forfeitures early

in the investigation. Civil forfeiture lawsuits must often be

filed within a short time after seizure of the property to be

forfeited.

Seizure of a large amount of cash requires particular

investigative efforts to connect the cash with facilitation of

an illegal transaction or proceeds from an illegal transac-

tion. Following are some suggested questions to ask at the