Guide to Equitable Sharing for State and Local Law Enforcement
I. What Is the Department of Justice Asset Forfeiture Program?
The Department of Justice Asset Forfeiture Program (the Program) is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deprives wrongdoers of the proceeds of their crimes, recovers property that may be used to compensate victims, and deters crime. The most important objective of the Program is law enforcement. Equitable sharing further enhances this law enforcement objective by fostering cooperation among federal, state, and local law enforcement agencies. Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies. The exercise of this authority is discretionary and limited by statute. The Attorney General is not required to share property in any case. The Controlled Substances Act most fully states the intent of Congress in the sharing of forfeited property. Section 881(e)(3) of Title 21, United States Code, provides that: The Attorney General shall assure that any property transferred to a State or local law enforcement agency…