Equitable Sharing

The Department of the Treasury Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deters crime and deprives wrongdoers of the proceeds of their criminal proceeds, and recov

Federal law authorizes the Director of Executive Office for Asset Forfeiture to share federally forfeited property with participating state and local law enforcement agencies who assist in investigations resulting in federal forfeiture. The exercise of this authority is discretionary and limited by statute. DOJ administers a similar program.

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. For purposes of equitable sharing, the Department of Treasury defines 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 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 taxpayer 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 the Treasury 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. Except as noted in the Guide, equitably shared funds must be used by law enforcement agencies for law enforcement purposes only. Permitted expenditures listed in the Guide are preapproved uses of shared funds and property, subject to policies and statutes governing the use of public funds. The fact that shared property was forfeited as a result of a particular federal violation does not limit its use.

Law Enforcement

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 TD F 92.26, Application for Transfer of Federally Forfeited Property, to the federal seizing agency. A separate Form TD F must be completed for each asset to be shared.

Federal law authorizes the Director of Executive Office for Asset Forfeiture to share federally forfeited property with participating state and local law enforcement agencies. The exercise of this authority is discretionary and limited by statute. 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.

TD F Form maybe submitted at any time following the seizure, but no later than 45 days after forfeiture. A waiver request must be included with any TD F Form submitted after 45 days following the forfeiture.

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