NCJ Number
187452
Journal
FBI Law Enforcement Bulletin Volume: 70 Issue: 2 Dated: February 2001 Pages: 27-31
Date Published
February 2001
Length
5 pages
Annotation
This article is an introduction to the substantive and procedural aspects of the international forfeiture and sharing program.
Abstract
It is the policy and practice of the United States, pursuant to governing statutory authority, to share the proceeds of successful forfeiture actions with countries that make possible or substantially facilitate the forfeiture of assets under U.S. law. Under U.S. law, asset sharing is a discretionary authority vested in the Attorney General, the Secretary of Treasury, or their designees to transfer a percentage of the net forfeited assets or the proceeds of the sale of any forfeited property to any foreign country that participated directly or indirectly in the seizure or forfeiture of property. A portion of the net forfeited property, or the proceeds from such property, may be transferred to a foreign government (not a foreign police agency), as reflected by its participation in the investigation and forfeiture of the asset. If a U.S. law enforcement agency requests and receives assistance from a foreign counterpart that results in the seizure and ultimate forfeiture of assets, case agents should not let that assistance go unrecognized. They should draft a memorandum that justifies the transfer of a percentage of the net forfeited proceeds to the assisting government. The justification memorandum should be submitted before the forfeiture is complete and should accompany the domestic sharing package, so that the reviewing officials will be aware of all domestic sharing requests and international sharing recommendations regarding the forfeited property. 8 notes