WHEREAS, the Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes; and

WHEREAS, asset forfeiture powers enhance public safety and security by removing financing relied upon by terrorist organizations and other Transnational Organized Criminal syndicates to perpetuate their criminal activity against our society; and

WHEREAS, asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function even after specific individuals are convicted and incarcerated; and

WHEREAS, the Controlled Substances Act, prohibits the manufacturing, distribution or dispensing, or the possession with intent to manufacture, distribute, or dispense, a controlled substance, making such acts a federal crime, regardless of state laws that permit such activities; and

WHEREAS, the Department of Justice is committed to the enforcement of the Controlled Substances Act in all States; and

WHEREAS, the U.S. federal law enforcement agencies and the U.S. Attorney community recognize the importance of partnerships and coordination to employ asset forfeiture tactics to seize the proceeds of illegal drug trafficking activities in violation of the Controlled Substances Act; and

WHEREAS, continued, effective drug control requires coordination between Federal and state entities, as well as meaningful consultation with representatives of the recognized law enforcement organizations during the development of policies that will have a national impact on state and local law enforcement drug control efforts; and

WHEREAS, the U.S. Department of Justice's asset forfeiture program has three primary goals: punish and deter criminal activity; enhance cooperation among foreign, state and local law enforcement agencies through equitable sharing of properly forfeited assets; and strengthen law enforcement; and

WHEREAS, since 1978, Congress specifically granted the Attorney General authorization to exercise, his or her discretion, and share federally forfeited property with participating state and local law enforcement agencies; and

WHEREAS, the U.S. Department of Justice has promulgated specific protocols governing the decision making processes to determine the eligibility of individual law enforcement agencies to receive an equitable share of forfeited assets in a specific case, the appropriate share they are eligible to receive as a result of case-related asset seizure, the permissible uses of the shared funds, and the annual reporting, certification, and auditing of each agency's expenditures of equitable shared funds ; and

WHEREAS, media reports have portrayed the U.S. asset forfeiture and equitable sharing programs in an unfavorable manner and portrayed drug traffickers as innocent victims of government overreach and policing for profit; and

WHEREAS, there is a popular misconception that law enforcement officers can seize assets for forfeiture without any evidence of criminal wrongdoing; and

WHEREAS, several states have reacted to this misinformation by abolishing or greatly restricting state civil forfeiture laws leaving only federal statues to prevent criminals from keeping their illegal profits and drug infrastructure [New Mexico, Michigan]; and

WHEREAS, Congress is currently considering two pieces of legislation either of which would significantly restrict the asset forfeiture and equitable sharing programs; and

WHEREAS, the absence of an effective public education program to reiterate the fact that law enforcement must have probable cause (same standard for a criminal arrest) linking an asset to criminal wrongdoing prior to seizure and the government has the burden of proof to show that the asset is subject to forfeiture has led to a negative perception of these vital law enforcement programs, and therefore be it

RESOLVED, that the International Association of Chiefs of Police (IACP) opposes further restrictions to the Department of Justice's asset forfeiture and equitable sharing programs and urges the White House and Department of Justice to coordinate and implement an effective response to the public misconception of the DOJ asset forfeiture program; and

FURTHER RESOLVED, that the Department of Justice, in coordination with local, state and federal law enforcement organizations, undertake organized efforts to educate Congress, lawmakers, and the public on the appropriateness and effectiveness of these programs and the benefits to communities throughout the United States.

Submitted by: Narcotics and Dangerous Drugs Committee

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