Center for Problem-Oriented Policing

Appendix A: Select Federal Forfeiture Laws

18 USC § 492: Forfeiture of counterfeit paraphernalia.

18 USC § 844: Forfeitures relating to explosive law violations.

18 USC § 924: Forfeitures relating to firearms violations.

18 USC § 1955: Forfeitures related to illegal gambling businesses.

18 USC Chapter 96: Racketeer Influenced and Corrupt Organizations (RICO).

18 USC § 1963: Criminal forfeitures under RICO.

18 USC § 2253: Criminal forfeiture provisions related to sexual exploitation and other abuse of children.

18 USC § 2254: Civil forfeiture provisions related to sexual exploitation and other abuse of children.

18 USC § 981: Civil forfeiture.

18 USC § 982: Criminal forfeiture.

19 USC § 1607: Forfeiture provisions for seizures valued $500,000 or less.

21 USC Chapter 13: Controlled Substances Act (CSA).

21 USC § 853: Criminal forfeiture under the CSA.

21 USC § 881: Forfeiture provisions under the CSA.

28 USC § 2461: Criminal forfeiture authority.

49 USC § 80303: Forfeitures of conveyances carrying contraband.

Appendix B: Disposition Statutes by State

Alabama	Ala. Code § 20-2-93 (e)
Alaska	Ak. Stat. §§ 17.30.112 & 17.30.122
Arizona	Ariz. Rev. Stat. Ann. § 13-4315
Arkansas	Ark. Code Ann. §§ 5-64-505 (h) & (i)
California	Cal. Health & Safety Code § 11489
Colorado	Colo. Rev. Stat. §16-13-311
Connecticut	Conn. Gen. Stat. § 54-36i
Delaware	Del. Code Ann. Title 16 §4784(f)
District of Columbia	D.C. Code Ann. § 48-905.02 (d)(4)
Florida	Fla. Stat. Ann. § 932-7055 (4)
Georgia	Ga. Code Ann. § 16-13-49 (u)(4)
Hawaii	Haw. Rev. Stat. § 712A-16 (2)
Idaho	Idaho Code §37-2744 (e)
Illinois	720 Ill. Comp. Stat. 550/12 (g)
Indiana	Ind. Code Ann. § 34-24-1-6
Iowa	Iowa Code Ann. § 809A.17
Kansas	Kan. Stat. Ann. § 60-4117
Kentucky	Ky. Rev. Stat. Ann § 218A.435
Louisiana	La. Rev. Stat. Ann. § 40:2616
Maine	Me. Rev. Stat. Ann Title 15 ch. 517, § 5822
Maryland	Md. Ann. Code Art. § 12-403
Massachusetts	Mass. Ann. Laws ch. 94C, § 47 (d)
Michigan	Mich. Comp. Laws § 333.7524
Minnesota	Minn. Stat. Ann. § 609.5315
Mississippi	Miss. Code Ann. § 41-29-181
Missouri	Mo. Ann. Stat. § 513.623
Montana	Mont. Code Ann. § 44-12-206
Nebraska	Neb. Rev. Stat § 28-1439.02
Nevada	Nev. Rev. Stat. §§ 179.118 & 179.1187
New Hampshire	N.H. Rev. Stat. Ann. § 318-B:17-b (V)(a)
New Jersey	N.J. Stat. Ann § 2C:64-6
New Mexico	N.M. Code Ann. § 31-27-7A
New York	N.Y.C.P.L.R. § 1349 (2)(e-h)
North Carolina	N.C. Gen. Stat § 90-112 (d)
North Dakota	N.D. Cent. Code Ann. § 19-03.1-36.5
Ohio	Ohio Rev. Code Ann. §§2925.44 & 2933.43(D)
Oklahoma	Okla. Stat. Ann. §§63-2-503E & 63-2-5061
Oregon	Oregon Const. Art. XV, § 10(7)
Pennsylvania	Pa. Consol. Stat. Ann. Title 35 §§6801 (e)-(f)
Rhode Island	R.I. Gen Laws § 21-28-5.04 (b)(3)(A)
South Carolina	S.C. Code Ann. § 44-53-530 (e)
South Dakota	S.D. Codified Laws Ann. § 34-20B-89
Tennessee	Tenn. Code Ann. § 39-17-420
Texas	Tex. Code Crim. Proc. § 59.06
Utah	Utah Code Ann. § 24-1-15
Vermont	Vt. Stat. Ann. Title 18, § 4247
Virginia	Va. Code Ann. § 19.2-386.14
Washington	Wash. Rev. Code Ann. § 69-50-505 (j)
West Virginia	W. Va. Code § 60A-7-706
Wisconsin	Wis. Stat. Ann. § 961.55 (5)
Wyoming	Wyo. Stat. § 35-7-1049 (e)

Appendix C: National Code of Professional Conduct for Asset Forfeiture

1. Law enforcement is the principal objective of forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation and prosecution of criminal offenses, officer safety, the integrity of ongoing investigations, or the due process rights of citizens.
2. No prosecutor's or sworn law enforcement officer's employment or salary shall be made to depend upon the level of seizures or forfeitures he or she achieves.
3. Whenever practicable (excluding border searches, exigent circumstances, etc.) and in all cases involving real property, a judicial finding of probable cause shall be secured when property is seized for forfeiture. Seizing agencies shall strictly comply with all applicable legal requirements governing seizure practice and procedure.
4. If no judicial finding of probable cause is secured, the seizure shall be approved in writing by a prosecuting or agency attorney or by a supervisory-level official.
5. Seizing entities shall have a manual detailing the statutory grounds for forfeiture and all applicable policies and procedures.
6. The manual shall include procedures for prompt notice to interest holders, the expeditious release of seized property where appropriate, and the prompt resolution of claims of innocent ownership.
7. Seizing entities retaining forfeited property for official law enforcement use shall ensure that the property is subject to internal controls consistent with those applicable to property acquired through the normal appropriations process of that entity.
8. Unless otherwise provided by law, forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures.
9. Seizing agencies shall strive to ensure that seized property is protected and its value preserved.
10. Seizing entities shall avoid any appearance of impropriety in the sale or acquisition of forfeited property.

Appendix D: National District Attorneys Association Guidelines for Civil Asset Forfeiture84

1. The removal of unlawfully obtained proceeds of criminal activity and the elimination of the instrumentalities used to commit crimes are the principal goals of asset forfeiture. Potential revenue must not be allowed to jeopardize the effective investigation or prosecution of criminal offenses.
2. Where multiple agencies in a geographic region have jurisdiction to pursue asset forfeiture, every effort should be made to cooperate to advance the public interest.
3. Every government entity with the authority to seize property should ensure that its asset forfeiture program provides for: (a) Prompt prosecutorial review of the circumstances, and propriety of the seizure; (b) Timely notice of seizure to interest holders of seized property; and (c) Expeditious resolution of ownership claims and a rapid release of property to those entitled to the return of the property.
4. Absent exigent circumstances, a judicial order is advisable for all seizures of real property. When real property in residential use is sought to be forfeited, the least intrusive means that will preserve the property for forfeiture and protect the public should be employed. A notice of lis pendens or an order restraining alienation should suffice to preserve the government's interest in forfeiture pending final judicial determination of the forfeiture action.
5. Every entity retaining forfeited property for official law enforcement use should ensure that the property is subject to controls consistent with those applicable to property acquired through the normal appropriations process.
6. No seized property should be used without judicial authorization and/or supervision. A use order may be obtained from the court in appropriate circumstances. Otherwise the property should not be used unless the forfeiture action has been completed and title to the property has vested in the receiving agency. Forfeited property not used in an undercover capacity should be sold or added to the regular inventory of the agency. All property should be used and disposed of in a manner consistent with the use and disposition of similar property by that agency.
7. The disposition of forfeited property retained by the law enforcement agency should not be determined by any person who directly supervised or exercised discretion in its forfeiture.
8. Forfeiture proceeds shall be maintained in a separate fund or account subject to appropriate accounting controls and annual financial audits of all deposits and expenditures.
9. Every seizing agency should maintain seized property to preserve value for successful claimants as well as the taxpayers.
10. To the extent possible, civil forfeiture actions should be initiated as independent cases which are not controlled or influenced by the criminal prosecution. Prosecutors should avoid plea agreements in a criminal case which involve agreements to dismiss forfeiture proceedings. The converse is also true. Prosecutors should avoid settlements in a forfeiture case which involve concessions in a criminal proceeding.
11. Every prosecutor should establish procedures to ensure expeditious resolution of ownership claims if challenges to the asset forfeiture proceeding are made and timely return of the property to the known owner or interest holders if the forfeiture action is dismissed or is unsuccessful.
12. Salaries and personal benefits of any person influencing or controlling the selection, investigation, or prosecution of forfeiture cases must be managed in such a way that employment or salary does not depend upon the level of seizures or forfeitures in which they participate.
13. Agency employees and their families should be prohibited from purchasing forfeited property directly or indirectly from the agency, or any property forfeited by any other agency, if the employee participated in any aspect of the investigation or litigation involving that property.
14. Agencies receiving forfeiture funds should make annual budget requests based on agency funding needs without regard for anticipated or projected asset forfeiture revenues.
15. Prosecutors should pursue forfeiture actions to further the remedial goals set forth above. A prosecutor should not consider any personal or political advantages or disadvantages or gains or losses that the initiation of a forfeiture action may bring to the prosecutor's office in deciding whether to initiate or dismiss a forfeiture proceeding. Nor should a prosecutor improperly consider the race, gender, social or economic status of any person in deciding whether to initiate or dismiss a forfeiture proceeding. This guideline should not be read to preclude the initiation of forfeiture proceedings, which contribute to the fulfillment of the official mission of the prosecutor's office.