Asset Forfeiture: Improved Guidance Needed for Use of Shared Assets

Highlights

Pursuant to a congressional request, GAO reviewed how the Department of Justice (DOJ) and the U.S. Customs Service used shared forfeited assets, focusing on: (1) how selected state and local agencies use and account for shared assets received from DOJ and Customs; (2) whether applicable laws and program guidance establish use requirements for such assets and remedies for misuse; and (3) the nature and extent of program oversight and problems.

Recommendations

Recommendations for Executive Action

Agency Affected	Recommendation	Status
United States Customs Service	To better ensure that assets shared with state and local law enforcement agencies are used in accordance with program goals, the Attorney General and the Commissioner of Customs should work together to develop mutually agreeable guidelines for asset sharing. The joint guidance should establish clear, specific definitions for concepts such as law enforcement purposes and supplanting of resources.	Closed – Implemented Justice and Treasury issued revised asset sharing guidelines in accordance with the report's recommendation.
Department of Justice	To better ensure that assets shared with state and local law enforcement agencies are used in accordance with program goals, the Attorney General and the Commissioner of Customs should work together to develop mutually agreeable guidelines for asset sharing. The joint guidance should establish clear, specific definitions for concepts such as law enforcement purposes and supplanting of resources.	Closed – Implemented Justice and Treasury issued revised asset sharing guidelines in accordance with the report's recommendation.
Department of Justice	DOJ and the Customs Service should jointly develop policies and procedures and assign responsibilities for federal oversight of asset sharing, using the options that DOJ is currently considering.	Closed – Implemented Both Justice and Treasury's revised guidelines include an annual audit and certification requirement for state and local law enforcement agencies that received sharing proceeds.
United States Customs Service	DOJ and the Customs Service should jointly develop policies and procedures and assign responsibilities for federal oversight of asset sharing, using the options that DOJ is currently considering.	Closed – Implemented Both Justice's and Treasury's revised guidelines include an annual audit and certification requirement for state and local law enforcement agencies that received sharing proceeds.

Full Report

Full Report (42 pages)

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Justice and Law Enforcement

AssetsDrug traffickingFederal aid for criminal justicestate relationsIntergovernmental fiscal relationsIntergovernmental relationsLaw enforcement agenciesSearch and seizureState governmentsPolice