Equitable Transfers of Forfeited Monies or Property: Memorandum for Cary H. Copeland, Director and Chief Counsel, Executive Office for Asset Forfeiture [April 19, 1994]   [open pdf - 25KB]

"You have requested our assistance in determining whether equitable transfers of forfeited property to state and local law enforcement agencies should be viewed as contracts or as conditional gifts. Pursuant to 21 U.S.C. § 881 and 19 U.S.C. § 1616a, the Attorney General has the authority to share forfeited monies or tangible property with any state or local law enforcement agency which participated directly in the investigative or prosecutorial efforts leading to the seizure and forfeiture of the property. The local agency wishing to share in the forfeited property must apply by submitting an 'Application for Transfer of Federally Forfeited Property -- Form DAG-71' ('the DAG-71') within sixty days of the seizure. See A Guide to Equitable Sharing of Federally Forfeited Property for State and Local Law Enforcement Agencies, […] Both the shared property and any income generated from it 'must be used for the law enforcement purposes' specified by the requesting agency in its DAG-71 form. […] Permissible law enforcement purposes include, but are not limited to, the purchase of vehicles, weapons or protective equipment and the payment of salaries and other expenses."

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