Section 33.24 Transferring Forfeiture to Federal Authorities

• Library: Criminal Practice 2012 Supp

F. (§33.24) Transferring Forfeiture to Federal Authorities

Until 1993, police officers seeking to have the proceeds of forfeitures paid into the budget of their department rather than having the money go to the school fund could simply send the forfeiture to federal authorities for forfeiture under federal law. This was a popular and prevalent practice because a large percentage of money forfeited federally is always returned to the law enforcement agency making the seizure. Statutory law now limits the cases that can be transferred for federal forfeiture and sets out specific procedures to follow when doing so. Adhering to the procedures is mandatory, and the general doctrine that forfeiture laws are to be construed strictly against the state applies to these transfers. Karpierz v. Easley, 31 S.W.3d 505 (Mo. App. W.D. 2000); State v. Sledd, 949 S.W.2d 643, 648 (Mo. App. W.D. 1997).

At the outset, it should be noted that seizures made by federal authorities in the course of their own investigations unquestionably may be handled as federal cases. Issues arise, however, when state or local officers seize property and want to refer its forfeiture to federal authorities.

Section 513.647.1, RSMo Supp. 2004, specifically provides that “[n]o state or local law enforcement agency may transfer any property seized . . . to any federal agency for forfeiture under federal law until the prosecuting attorney and the circuit judge of the county in which the property was seized first review the seizure and approve the transfer to a federal agency . . . .” The prosecutor and the circuit judge should not approve the transfer unless it “reasonably appears” that the activity giving rise to the investigation or seizure “involves more than one state” or unless “it is reasonably likely to result in federal criminal charges being filed, based upon a written statement of intent to prosecute from the Unites States attorney with jurisdiction.” Section 513.647.1.

The language about it being “reasonably likely” that federal criminal charges would be filed is a change made in 2001, replacing previous language calling for a finding that “the nature of the investigation or seizure would be better pursued under federal forfeiture statutes.” Formerly, it was possible for a local agency to obtain an order for transfer of the forfeiture proceeding to federal authorities by proving that the local sheriff’s department was a small one without the “investigative abilities or manpower” to...