Policy Text
DEPARTMENTAL Rev.
Ref: CALEA
Standard 74.4.1 GENERAL
ORDER F-3 10 Apr 00
Index as: Federal Asset Forfeiture Management
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FEDERAL ASSET FORFEITURE MANAGEMENT
The purpose of this order is to set forth policy and procedures regarding Departmental
participation in asset forfeiture programs of the Federal Government. Departmental
General Order F-6 addresses the state asset forfeiture programs.
I. PURPOSE AND GENERAL DESCRIPTION OF FEDERAL ASSET FORFEITURE PROGRAMS
A. Various agencies of the Federal Gov ernment have established programs
under which the forfeited assets for convicted defendants are shared with local law enforcement agencies. The general program guidelines are: to deter crime by depriving criminals of profits from and instrumentality’s of illegal activity; to enhance cooperation among federal, state and local law enforcement agencies; and to protect the rights of individuals.
B. Federal agencies may, but are not required to share forfeited assets with
local law enforcement agencies. When assets are shared, their value
must be reasonably related to the amount of effort the local law
enforcement agency expends on enforcement, investigation and prosecution of the case.
C. There are two ways that local law enforcement may qualify for assets
sharing:
1. Through joint investigations with federal agencies to enforce federal criminal laws which provide for forfeiture.
2. Through “adoption” -- when a local law enforcement agency acting without federal participation confiscates property as a result of enforcing a federal law which provides for forfeiture. The local law enforcement agency may reque st the federal agency, which
normally enforces the law to “adopt” the seizure and implement federal forfeiture procedures.
DEPARTMENTAL GENERAL ORDER F-3 Rev.
10 Apr 00 OAKLAND POLICE DEPARTMENT
D. Listed below are agencies of the Un ited States Department of Justice
(USDOJ) and the US Department of the Treasury (US Treasury) which participate in asset sharing programs.
1. USDOJ agencies who jointly investigate AND also adopt cases
include : Federal Bureau of Investigation (FBI); Drug
Enforcement Administration (DEA); Immigration and
Naturalization Service (INS)
2. USDOJ agencies who jointly investigate but do NOT adopt cases
include : US Park Police; US Marshals Service; US Attorney’s
Offices, Criminal Division; US Postal Inspection Service
3. US Treasury agencies who jointly investigate AND adopt cases
include : US Customs Service; Internal Revenue Service; US
Secret Service; Bureau of Alcohol, Tobacco and Firearms (ATF)
E. USDOJ guidelines allow local agencies to use up to 15% of its shared
monies (from assets seized on or after 1 May 94) for the costs associated
with drug abuse treatment, drug and crime prevention education,
housing and job skills programs, or other community-based programs or
activities which are formally approved by the Chief of Police as being
supportive of and consistent with a law enforcement effort, policy,
and/or initiative.
The Community Services Section admi nisters the allocation process for
the 15% “set-aside” funding. This provision requires that all
expenditures be made by the law enforcement agency and does not allow
for the transfer of cash for prospective expenditures by eligible entities.
(Refer to section II, G, 3)
F. The Commander of the Vice-Narcotics Section is the program
coordinator for all federal asset forfeiture activities.
II. DEPARTMENTAL PROCEDURES
A. Reporting Officers Reporting Officers shall:
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DEPARTMENTAL GENERAL ORDER F-3 Rev.
10 Apr 00 OAKLAND POLICE DEPARTMENT
1. Document in the evidence section of the Crime Report assets that
are seized or identified as s ubject to possible forfeiture.
2. Provide the person’s claiming/controlling the assets with receipts.
3. Safeguard recovered cash, negotiable instruments and property
and segregate them by case.
a) As soon as possible, two officers shall count recovered money, seal it in an evidence envelope and jointly sign the envelope to certify the amount inside.
b) Cash and property shall be deposited in the Property and Evidence Unit no later than the end of the shift during which the items were recovered.
c) Vehicles shall not be towed for potential seizure without advance approval from a Vice-Narcotics Section supervisor.
4. Direct that an extra copy of the report be forwarded to the Vice-
Narcotics Section.
B. Report Reproducing Unit The Report Reproducing Unit shall forward copies of any report package regarding the enforcement of federal laws to the Vice-Narcotics Section.
C. Vice-Narcotics Section
The Vice-Narcotics Section shall:
1. Maintain copies of asset forfeiture policies and procedures,
including, but not limited to:
a) USDOJ and US Treasury publications governing asset
forfeiture programs and any other publications of federal agencies involved in such programs.
b) Departmental and Special Operations Division policies and procedures.
c) Community Services Section guidelines regarding the use
of shared USDOJ proceed by community programs.
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DEPARTMENTAL GENERAL ORDER F-3 Rev.
10 Apr 00 OAKLAND POLICE DEPARTMENT
2. Review all reports involving seizures pursuant to the enforcement
of federal laws to determine whether an asset forfeiture claim should be prepared. (Responsibility for case investigation shall
remain with the normally assigned unit.)
3. Prepare and file requests to share assets (claims) in accordance
with appropriate federal agency guidelines.
a) The following claim forms shall be filed within 60 calendar
days of the seizure of assets. USDOJ form DAG-71, Application for Transfer of Federally Forfe