Asset Forfeiture

Improved Guidance Needed for Use of Shared Assets Gao ID: GGD-92-115 July 16, 1992

Under forfeiture laws allowing the seizure of criminals' assets, the Department of Justice and the U.S. Customs Service take in hundreds of millions of dollars in cash and property each year. State and local law enforcement agencies, which cooperate with the federal government in these seizures, are eligible for a share of the forfeited assets. The 15 state and local law enforcement agencies GAO visited used shared assets to pay for everything from helicopters to new crime laboratory equipment to salaries. Although Justice and Customs program guidance requires state and local agencies to use shared assets strictly for law enforcement purposes, acceptable uses under the guidance can be broadly interpreted, leading to, in GAO's opinion, questionable expenditures. Justice, aware that existing guidance on the use of shared assets is vague and confusing, is considering revising and clarifying the guidance. GAO notes, however, that such changes need to be planned and undertaken jointly by the two agencies.

GAO found that: (1) state and local law enforcement agencies used shared assets for a wide variety of purposes; (2) the agencies generally complied with program guidance requiring that they use shared seized assets for law enforcement purposes; (3) it could not always determine compliance with program guidance; (4) DOJ and Customs do not always agree whether specific uses comply, despite the similarities in their program policies; (5) some state and local officials find the guidance vague and confusing, and they do not distinguish between the DOJ and Customs programs; (6) DOJ and Customs do not routinely monitor shared asset use and rely primarily on self-reporting from agencies to detect misuse; (7) DOJ and Customs acknowledge that guidelines should be clearer and stronger; and (8) DOJ is currently studying options to improve its program.

Recommendations

Our recommendations from this work are listed below with a Contact for more information. Status will change from "In process" to "Open," "Closed - implemented," or "Closed - not implemented" based on our follow up work.

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