Equitable Sharing Program

The Department of Justice Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deters crime and deprives wrongdoers of their criminal proceeds, and recovers property that may be used to compensate victims. Equitable sharing further enhances the law enforcement mission by fostering cooperation among federal, state, and local law enforcement agencies. Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies. The exercise of this authority is discretionary and limited by statute. The Attorney General is not required to share property in any case.

A state or local law enforcement agency meeting eligibility requirements set forth in the Guide and that directly participates in an investigation or prosecution resulting in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture. For purposes of equitable sharing, the Department of Justice defines a law enforcement agency as a state or local government organization authorized to engage in, as its primary function, the investigation and apprehension, or the prosecution of individuals suspected or convicted of offenses against the criminal laws of the United States or of any state, county, municipality, or territory of the United States. A state National Guard generally does not meet the law enforcement agency criteria for participation in the Program because its primary mission is a military or other non-law enforcement purpose. However, a National Guard Counterdrug unit may qualify for sharing if: (1) It is a distinct unit of a state National Guard that has counterdrug activities as its primary mission and receives funding solely for this purpose; or (2) It is a military police or similar state National Guard unit that provides support to federal law enforcement agencies in counterdrug activities.

A state or local law enforcement agency meeting eligibility requirements set forth in the Guide and that directly participates in an investigation or prosecution that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture.

The federal deciding authority must approve all sharing requests and recommendations, including sharing percentages negotiated in a task force or other agreement, before sharing occurs. Sharing will only be awarded to agencies that are compliant Program participants in good standing with the policies set forth in the Guide.

The Comprehensive Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program. One ancillary benefit of asset forfeiture is the authorization to share federal forfeiture proceeds with cooperating state and local law enforcement agencies, which provides agencies with valuable additional resources without burdening tax payer dollars. The Guide to Equitable Sharing for State and Local Law Enforcement Agencies (Guide) outlines the policies and procedures governing the receipt, use, maintenance and reporting of forfeited funds received through the Department of Justice Equitable Sharing Program (Program). The Guide is supplemented with the National Code of Professional Conduct for Asset Forfeiture and all Program participants must ensure compliance with the Code.

After the seizure or forfeiture of an identified asset, a participating state or local agency meeting all requirements set forth in the Guide may request a share of the property by submitting a Form DAG-71, Equitable Sharing Request Form, to the federal seizing agency. A separate Form DAG-71 must be completed for each asset to be shared.

Federal law authorizes the Attorney General to share federally forfeited property with participating state and local law enforcement agencies. The exercise of this authority is discretionary and limited by statute. The Attorney General is not required to share property in any case. No sharing request or recommendation is final until approved by the federal deciding authority. The equitable sharing deciding authority levels are specified in the Guide.

The DAG-71 form must be submitted within 60 days of seizure of the asset. Late submissions will be accepted and reviewed on a case by case basis. Sharing determinations are generally made 120 to 180 days after forfeiture. However, longer periods may be required in complex cases.

The exercise of this authority is discretionary and limited by statute. It is not subject to appeal or court review.