Division of Asset Forfeiture

Extracted Attributes

• Name

  Division of Asset Forfeiture

• Purpose

  To deter, disrupt, and dismantle criminal enterprises; deprive criminals of proceeds; deter crime; restore property to victims

• Legal Basis

  Comprehensive Crime Control Act of 1984

• Funding Mechanism

  Assets Forfeiture Fund (AFF)

• Parent Organization

  Department of Justice (DOJ)

• Types of Forfeiture

  Criminal forfeiture, Civil judicial forfeiture, Administrative forfeiture

Timeline

• Congress passed the Comprehensive Crime Control Act, establishing the Department of Justice Asset Forfeiture Program and the Assets Forfeiture Fund. (Source: web_search_results)

  1984

• The Tenaha Marshal's Office in Tenaha, Texas, utilized state forfeiture regulations to seize over US$3 million in property from nearly 200 motorists, often without charges or finding contraband. (Source: wikipedia)

  2006-2008

• Linda Dorman had $4,000 seized by local authorities in Tenaha, Texas, while driving through town. (Source: wikipedia)

  2007-04

• The Department of Justice's civil rights division investigated Shelby County over allegations that seized funds had been used for campaign materials in local elections. (Source: wikipedia)

  2008

• Javier Flores and William Parsons had $8,400 seized by police in Tenaha, Texas, after being stopped for speeding. (Source: wikipedia)

  2008-07-22

• The government seized Molly Bloom's life savings through asset forfeiture following her prosecution by the Southern District of New York for involvement in an illegal high-stakes poker enterprise. (Source: related_documents)

  Undated

Tenaha, Texas asset forfeiture controversy

Between 2006 and 2008, in Tenaha, Texas, the Tenaha Marshal’s Office used state forfeiture regulations to seize property from nearly 200 motorists. In about 50 of the cases, suspects were charged with drug possession. But in 147 incidents, marshals seized cash, jewelry, cell phones, and automobiles even though no contraband was found, and the motorists were not charged with any crime. Many of those stopped were African-American or Latino drivers. At least 150 motorists had property seized by the Tenaha marshal’s office, totaling more than US$3 million. Examples of seizures from non-whites included: A mixed-race family of four traveling through Tenaha was pulled over by marshals for a moving violation. Officers found no contraband but seized $6,037 after a search. The marshals and the district attorney threatened to take the two children away from the parents and place them in Child Protective Services if they refused to hand over the cash. Tenaha marshals eventually returned the family's money without an apology. The parents are now plaintiffs in a federal class action lawsuit. Linda Dorman, a great-grandmother from Akron, Ohio, had $4,000 taken from her by local authorities when she was stopped while driving through town after visiting Houston in April 2007. Court records make no mention of anything illegal being found in her van. Dorman sued for the return of her money, which she said constituted her life savings. Javier Flores and William Parsons were traveling through Tenaha on July 22, 2008, when police stopped them for speeding. Both men were arrested, and $8,400 was seized after a police dog allegedly detected drugs in the vehicle, although no contraband was found. The pair were then threatened with money laundering charges unless they forfeited the money. Both men were then released from custody without charge. Two men had $50,000 seized even though court records show there was no evidence to indicate the cash was related in any way to criminal enterprise or that the men were engaged in any illegal activity. The town used the proceeds from the seizures to build a new marshal's office and personally reward officers who took the most money from drivers. Other purchases included a $524 popcorn machine and $195 for candy. Donations to Little League teams and local chambers of commerce were also made using seized funds. Under Texas law, forfeited money can only be used for official purposes by district attorney offices and for law-enforcement purposes by police departments. Lynda Russell, Tenaha's district attorney, has denied any impropriety. However, the US Attorney for the Eastern District of Texas re-prosecuted drug offenders after officials in Tenaha and Shelby County gave known traffickers lenient sentences in exchange for cash forfeitures. In 2008, Shelby County was investigated by the Department of Justice's civil rights division over an allegation made by its former auditor that seized funds had been used for campaign materials in local elections.

Web Search Results

• Asset Forfeiture | U.S. Marshals Service

  Department of Justice (DoJ) Asset Forfeiture Program participants include the Asset Forfeiture and Money Laundering Section of the Department of Justice Criminal Division; U.S. Marshals Service (USMS); Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF); Drug Enforcement Administration (DEA); Federal Bureau of Investigation (FBI); and U.S. Attorneys' Offices. Other participants include the U.S. Postal Inspection Service; Food and Drug Administration (FDA); Department of Agriculture [...] All submissions are reviewed by the U.S. Marshals Service Asset Forfeiture Division (AFD) for accuracy within five (5) business days. The submitter of the form, and if different, the e-mail address provided on the payee's form will receive an automated e-mail from Asset Forfeiture Division Forms (indicating the status of their submission. [...] The Asset Forfeiture Program was created in 1984 when Congress passed the Comprehensive Crime Control Act, which provided federal prosecutors and agents the legal and regulatory tools necessary to keep up with, and ahead of, those who commit crime for economic benefit. The U.S. Marshals Service plays a critical role in identifying and evaluating assets that represent the proceeds of crime as well as efficiently managing and selling assets seized and forfeited by Department of Justice.

• Asset Forfeiture - FBI

  There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture. [...] Asset forfeiture is a powerful tool used by law enforcement agencies, including the FBI, against criminals and criminal organizations to deprive them of their ill-gotten gains through seizure of these assets. ## History of Asset Forfeiture Asset forfeiture has its roots in the ancient practice by governments to defend against piracy through the seizure of vessels and contraband. [...] Department of Justice Asset Forfeiture Program The Attorney General's Guidelines on the Asset Forfeiture Program Attorney General Issues Policy and Guidelines on Federal Adoptions of Assets Seized by State or Local Law Enforcements Department of Justice Journal of Federal Law and Practice: Asset Forfeiture and Money Laundering Department of Justice Guide to Equitable Sharing

• [PDF] Asset forfeiture in Illinois: What it is, where it happens, and reforms ...

  Unlike other Illinois forfeiture statutes, Article 36 provides no fixed formula for dividing proceeds of property forfeited under that law. Rather, the statute provides that the entire proceeds of the forfeited property go to the same law enforcement agency that seized it, “after payment of all liens and deduction of the reasonable charges and expenses incurred by the State’s Attorney’s Office.” Reporting of seizures and forfeitures Law enforcement agencies that seize property under the drug [...] hundreds of seized items, the vast majority of which were vehicles, were awarded to the seizing law enforcement agencies; electronics such as televisions, smartphones and tablets were also common items claimed by law enforcement for “official use.” Distribution of auction proceeds from forfeited property Most of Illinois’ forfeiture laws provide that, when cash is forfeited or physical property is sold at auction, the proceeds are to be divided entirely among law enforcement agencies, in the [...] INTRODUCTION Asset forfeiture is the permanent confiscation of private property by law enforcement agencies at the local, state and federal levels. Illinois and federal law both permit law enforcement agencies to take cash, land, vehicles and other property they suspect is involved in or derived from illegal activity.

• Asset Forfeiture Program - Department of Justice

  The mission of the Department of Justice (DOJ) Asset Forfeiture Program (AFP or the Program) is to use asset forfeiture as a tool to deter, disrupt and dismantle criminal enterprises, denying them the proceeds and the instruments of criminal activity. The AFP involves federal, state, tribal and local law enforcement agencies across the country. Our Goals The Asset Forfeiture Program’s primary goals are: [...] To achieve these goals, the Department of Justice uses asset forfeiture to the fullest extent possible to investigate, identify, seize, and forfeit the assets of criminals and their organizations while ensuring that due process rights of all property owners are protected. Asset forfeiture plays a critical role in disrupting and dismantling illegal enterprises, depriving criminals of the proceeds of illegal activity, deterring crime, and restoring property to victims. The effective use of both [...] The AFP is funded by the Assets Forfeiture Fund (AFF or the Fund), which has the statutory authority to support and expand the use of forfeiture sanctions throughout the federal law enforcement community. The Comprehensive Crime Control Act of 1984 (P.L. 98-473), codified in 28 U.S.C. § 524(c), established the AFF as a special fund within the Treasury to receive the proceeds of forfeitures.

• Treasury Executive Office for Asset Forfeiture (TEOAF)

  Internal Revenue Service Criminal Investigations Division (IRS-CI),U.S. Department of the Treasury; U.S. Customs and Border Protection (CBP),Department of Homeland Security; U.S. Homeland Security Investigations (HSI), Department of Homeland Security; U.S. Secret Service (USSS),Department of Homeland Security; U.S. Coast Guard, Department of Homeland Security. [...] Established in 1992, the Treasury Executive Office for Asset Forfeiture (TEOAF) was established to affirmatively influence the consistent and strategic use of asset forfeiture to disrupt and dismantle criminal enterprises. Asset forfeiture is a vital legal tool that serves a number of compelling law enforcement purposes and is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property [...] About TreasuryEnter Search Term(s): Advanced Search About Treasury General Information Role of the Treasury Officials Organizational Chart Orders and Directives Offices Domestic Finance Economic Policy General Counsel International Affairs Management Public Affairs Tax Policy Terrorism and Financial Intelligence Tribal and Native Affairs Inspectors General Bureaus Alcohol and Tobacco Tax and Trade Bureau (TTB) Bureau of Engraving & Printing (BEP)