Asset Forfeiture and Police Priorities: The Impact of Program Design on Law Enforcement Activities

Abstract

This article examines the use of asset forfeiture by law enforcement units within the greater Cincinnati area, using the results of a survey distributed among state and local government law enforcement agencies. The analysis reveals what kinds of assets are confiscated, what kind of legal authority is used to accomplish asset forfeiture, and which individuals are involved in the decisions to confiscate assets and to select a particular kind of legal authority under which the forfeiture will be authorized. The data indicate that the use of asset forfeiture does not have a substantial impact on the policing priorities of local agencies. The sampled jurisdictions tend to use either a criminal forfeiture statute as the legal authority for the seizure or a court-imposed settlement to confiscate assets. By using the criminal court process, jurisdictions avoid sharing the value of the assets.