The Serve and Protection Racket: Auditing Asset Forfeiture

Todd Feathers' investigation into the controversial world of police civil seizure exposes a troubling lack of consistency in policies and paperwork around asset forfeiture.

In most jurisdictions, when police conduct a lawful search of a person or their property, officers can seize any money or other physical property they believe to be involved in criminal activity. Usually this involves drugs or guns, but it can extend to assets such as cars, yachts, and houses.

The burden of proof usually lies on the owner, who must demonstrate that their money or goods are not crime-related in order to avoid forfeiture. If the property is forfeited, its value is split between the law enforcement and prosecutorial agencies involved in the seizure and a general fund for either the state or federal government.

Asset forfeiture is therefore a valuable cash cow for money-hungry law enforcement agencies. Todd Feathers explores the different ways agencies keep track of the fund they seize - and the disturbing amount that gets lost in the red tape.

Image via Wikimedia Commons and is licensed under CC BY 3.0

6 Articles

Despite reform efforts, state and local police are still teaming up with federal law enforcement to seize millions

In recent years many states have begun to to reform civil asset forfeiture, by either reducing the percentage of money police are allowed to keep, or reducing the number of situations in which assets are allowed to be seized. While some of these efforts have been more successful than others, a practice called Equitable Sharing continues to undercut these efforts and keep the worst excesses of police seizure alive.

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In Texas, civil forfeiture laws are lax and seizures rake in millions

Earlier this week, Todd Feathers introduced us to Equitable Sharing, and how police work with the DOJ to get around some state’s restrictions on civil forfeiture funds. But what about states where those restrictions aren’t so strict? Houston PD provided a detailed look at police property seizures in Texas, and it isn’t pretty.

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Most states have strict laws concerning seized funds – here’s how police and the feds work together to get around them

The Department of Justice makes billions of dollars each year through deals with state and local police forces that can act as loopholes in more stringent state laws governing how much money police get to keep when they take a person’s property without pressing charges.

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Six-figure sums and loose paper trails in DEA’s high value seized asset ledgers

If the money or property seized by the DEA is particularly valuable, it is recorded in a High Value Seized or Recovered Monies (HVSRM) ledger. Muckrock recently obtained copies of these ledgers for the New York, Los Angeles, New England, Miami, and Houston division offices going back as far as 2011 in some cases.

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The LASD bought a five million dollar helicopter with seized assets last year

What started as an attempt to re-create a Pulitzer-winning investigation into racial bias and asset forfeiture became a crash course in just how differently agencies can do the same thing,

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Introducing the Pulitzer Project

In conjunction with the announcement today of the 2014 Pulitzer Prize winners, MuckRock is launching a project to recreate, expand upon and check back in on past Pulitzer winners in the investigative reporting category using public records requests.

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57 Requests