Wyoming Division of Criminal
Investigation
Drug Asset Seizure and Forfeiture
1. What is drug asset seizure and forfeiture? It is the seizure of drug
related assets that have been used to facilitate drug trafficking or are
derived from drug trafficking. Drug assets are subject to seizure and
forfeiture under Wyoming civil law, and federal administrative, civil and
criminal law. Forfeiture is not a new concept. In America, it dates back to
1789, where it was used primarily to deter maritime import and export
smuggling.
2. Can the government just take an asset? No, the asset
must be seized legally. Then the government has to be able to prove in a civil,
administrative or criminal proceeding that the asset was used to facilitate
drug trafficking, or was derived from drug trafficking for it to be forfeited
to the government.
3. How are assets seized? Assets are seized by law enforcement officer’s
incident to arrest, search warrant, and consent or with a seizure order.
4. What type of assets are seized? Typically, drug assets subject to seizure include
currency, vehicles, real estate, firearms and other property.
5. What happens to the asset after it is
seized? When an asset such as motor
vehicle or currency is seized, it is treated like evidence and stored in a
secure location. Reports are completed regarding the seizure of the asset
including the identity of the owner, description of the asset, estimated value,
liens if any, identity of lien holders if any, and other relevant information.
6. How is the forfeiture of an asset conducted?
After an asset is seized, an
Assistant Attorney General reviews the evidence and determines if a forfeiture
action should be filed. If the evidence is not sufficient, the asset is
returned to the owner. If the evidence is sufficient, a forfeiture action is
filed. Once a forfeiture action is filed, the owner of the asset can contest
the forfeiture in court.
7. What happens after an asset is forfeited? After an asset is forfeited by court order or other
proceeding, an order of disposition is obtained from the Attorney General. The
asset, such as currency, or the proceeds from the asset, as with the sale of a
vehicle, is then transferred to the Attorney General fiscal officer for deposit
to the asset fund.
8. Where are
seized vehicles sold? After a
vehicle is forfeited to the government, the vehicle is auctioned through the
State of Wyoming to the public.
9. What is the
asset fund used for? The asset fund
is used only to provide required matching funds for federal drug enforcement
grants in Wyoming. The drug enforcement grant requires a twenty-five percent
match. The money in the asset fund along with local government funds is used to
provide the matching money. The asset fund is not used for other purposes, only
for matching funds for drug enforcement grants. Proceeds from the asset fund
are used to support the six Regional Drug Enforcement Teams and other
authorized grant programs throughout Wyoming.
10. How much
is seized every year? The amount of
drug assets seized will vary considerably each year. In recent years, the
amount of drug assets seized has generally declined. The asset fund, used since
1987 to provide matching funds for the federal drug enforcement grants, has
been depleted over the years.
11. Is the asset fund audited? The
asset fund is subject to state and federal government audit on a regular basis.
It is also subject to internal audits and inspections.
Rev:
02-28-2002
