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Sergeant Exam > Asset Forfeiture Procedures > Flashcards

Asset Forfeiture Procedures Flashcards

1
Q

Who instructs the requestor to electronically enter purchase requests via PeopleSoft?

A

The asset forfeiture coordinator.

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2
Q

What types of personal property are subject to forfeiture under the mentioned chapter?

A

Vessels, vehicles, aircraft, currency, contraband articles.

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3
Q

Under what circumstances can personal property be seized without a process?

A
  1. Incident to an arrest or search 2. After a prior judgment by the state 3. Dangerous to health/safety 4. Subject to forfeiture.
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4
Q

When should property located on private premises be seized?

A

Upon court order permitting entry, unless authorized by law.

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5
Q

What should the case officer do after seizing property?

A

Determine ownership, give notice, release if innocent owner, complete electronic report.

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6
Q

What action should the case officer take for a seized vehicle likely to be forfeited?

A

Refer to GO series 1979-01H Vehicle Procedures for long term holds.

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7
Q

Where should seized vessels, vehicles, and aircraft be transported at the time of seizure?

A

To a secure storage facility or an appropriate authorized location.

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8
Q

What must the case officer do regarding seized personal property not retained for evidence or forfeiture?

A

Release personal property seized, which is not being retained, to the lawful owner.

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9
Q

What should be done if the owner of seized property is unknown, arrested, or unavailable?

A

The property should be booked into the Property and Evidence Unit.

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10
Q

What must the department report annually on the ESAC form?

A

Equitable sharing funds received, how they were spent, and remaining funds.

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11
Q

What are the two columns used to capture data in the ‘Funds Received’ section of the ESAC form?

A

Justice Funds and Treasury Funds.

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12
Q

Which programs are included in the Justice Funds column for reporting equitable sharing funds?

A

FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA.

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13
Q

Which programs are included in the Treasury Funds column for reporting equitable sharing funds?

A

IRS, ICE, CBP, and USSS.

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14
Q

How should expenditures be reported in the ‘Funds Spent’ section of the ESAC form?

A

Expenditures must be reported in the appropriate column based on the funds used.

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15
Q

What is required when the department expends more than $750,000 in federal funds within the fiscal year?

A

A ‘single audit’ performed annually covering all federal funds expended.

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16
Q

Who is responsible for contracting with an independent accounting firm for the single audit?

A

LFUCG Department of Finance.

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17
Q

What is the deadline for submitting the Single Audit Report to the Federal Audit Clearinghouse?

A

No later than 9 months after the end of the fiscal year covered by the audit.

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18
Q

How long must the department retain documents pertaining to participation in the Equitable Sharing Program?

A

At least five years.

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19
Q

What must be done to maintain seized property in time-of-seizure conditions?

A

Reasonable attempts must be made to maintain the property in time-of-seizure conditions.

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20
Q

Who does the immediate rights, interest, and title to seized assets belong to upon seizure?

A

The department - the rights, interest, and title are vested immediately in the department upon seizure.

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21
Q

When can real property be seized by the department?

A

Real property can be seized by the department with a final judgment and order of forfeiture by the court or prior to final judgment with a seizure order.

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22
Q

What is necessary to seize real property prior to final judgment?

A

A showing by the Commonwealth that seizure is necessary to preserve the property pending final judgment.

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23
Q

Who must approve seizure of real property prior to final judgment?

A

Approval must be reviewed by the asset forfeiture coordinator and authorized by the Chief of Police.

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24
Q

What costs can the department assess against the owner if a seized vessel is to be released?

A

The department may assess the actual cost of towing, storage, and maintenance of the seized property.

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25
Q

When shall seized property be released to the lawful owner at the conclusion of the judicial process?

A

Seized property shall be released to the lawful owner immediately if the claimant prevails.

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26
Q

What should be done with property seized as having evidentiary value?

A

Property seized as having evidentiary value shall be treated accordingly and not released pursuant to the policy.

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27
Q

Who is responsible for making quarterly inspections of seized property?

A

Assistant coordinator(s) directed by the asset forfeiture coordinator are responsible for quarterly inspections of seized property.

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28
Q

Who is designated as the Department of Justice Equitable Sharing Agreement Certification eShare Administrator?

A

The fiscal officer in the Fiscal Office.

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29
Q

What are the rights of an ESAC Submitter?

A

An ESAC Submitter can add, change, delete, submit ESAC forms, reply to correspondence, and add/edit contact information.

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30
Q

Who has the security role rights of an ESAC Submitter?

A

Only the eShare Administrator (the fiscal officer in the Fiscal Office).

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31
Q

What can an ESAC Creator do?

A

An ESAC Creator can add, change, delete ESAC forms or contact information, and respond to correspondence.

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32
Q

Can ESAC Creators submit ESAC forms?

A

No, ESAC Creators cannot submit ESAC forms.

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33
Q

What are the rights of an ESAC Reader?

A

An ESAC Reader can view ESAC information but cannot add, modify, submit ESAC forms, or respond to correspondence.

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34
Q

Who are some department positions with eShare ESAC Reader security role rights?

A

The Asset Forfeiture Coordinator (Executive Officer) and a BOI DEA Task Force Detective.

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35
Q

Which department positions have eShare DAG-71 Submitter User Group access?

A

The fiscal officer, BOI FBI/Joint Terrorism Task Force Detective, BOI ATF Task Force Detective, two BOI DEA Task Force Detectives, and the BOI Special Investigations Section lieutenant.

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36
Q

Who has eShare DAG-71 Reader User Group access?

A

The Asset Forfeiture Coordinator (Executive Officer).

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37
Q

What is the mission of the Department of Justice Asset Forfeiture Program?

A

To disrupt and dismantle criminal enterprises, deprive criminals of illegal proceeds, deter crime, and restore property to victims.

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38
Q

When did the Attorney General issue an Order allowing federal adoptions of seized assets by state or local law enforcement?

A

On July 19, 2017.

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39
Q

What are the minimum net equity requirements for residential/commercial real property and vacant land?

A

At least $30,000 or 20% of the appraised value, whichever is greater.

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40
Q

What are the minimum net equity requirements for vehicles under the Department of Justice Asset Forfeiture Program?

A

At least $5,000 based on the National Automobile Dealers Association ``Trade-In Value.’’

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41
Q

What is the minimum cash amount required under the Department of Justice Asset Forfeiture Program?

A

At least $5,000, unless the person from whom the cash was seized is being criminally prosecuted.

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42
Q

Who ensures court orders related to asset awards are forwarded to the asset forfeiture coordinator?

A

Civilian Property and Evidence Unit supervisor

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43
Q

Where are the moneys awarded by the court deposited each month?

A

LFUCG State/Local Seizure Fund (#1132)

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44
Q

Who is responsible for submitting the Annual Asset Forfeiture Report to the Kentucky Justice and Public Safety Cabinet?

A

Fiscal officer

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45
Q

Who is responsible for submitting a quarterly report listing seized vehicles to the asset forfeiture coordinator?

A

Civilian Technical Services Unit supervisor

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46
Q

Where are the proceeds from the auction of forfeited vehicles deposited?

A

LFUCG State/Local Seizure Fund (#1132)

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47
Q

Who manages the process of issuing sharing checks as required by court order?

A

Asset forfeiture coordinator

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48
Q

Who ensures that the appropriate seizure reports are annually submitted to the Kentucky Justice and Public Safety Cabinet?

A

Asset forfeiture coordinator

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49
Q

Who should obtain assistance from the asset forfeiture coordinator in cases of human trafficking?

A

Human trafficking detective

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50
Q

Where should proceeds from seized and forfeited property in human trafficking cases be distributed?

A

As outlined in KRS 529.150

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51
Q

What is the required training per KRS for disposal of seized and forfeited property?

A

GO 1982-05H Asset Forfeiture Procedures

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52
Q

Who will notify the requestor of the Chief’s expenditure decision?

A

The asset forfeiture coordinator.

53
Q

What must be done with tangible property used for law enforcement for at least two years?

A

It may be sold for the benefit of the department.

54
Q

What is the required approval if the department wants to sell property before two years?

A

Approval from AFMLS (Department of Justice’s Asset Forfeiture and Money Laundering Section).

55
Q

For what purpose should purchased luxury automobiles be used?

A

Only for undercover assignments.

56
Q

From whom should expenditures be approved if appropriate?

A

LFUCG.

57
Q

What should be done upon final approval before disbursing assets for goods or services?

A

Issue contracts or purchase orders.

58
Q

What must be maintained in regards to expenditures from the revenue account?

A

Record of all expenditures.

59
Q

What report must be issued annually regarding federal asset sharing funds and property?

A

A yearly ESAC report.

60
Q

What are the reporting requirements established by the Department of Justice for law enforcement agencies?

A

Annual submission of Equitable Sharing Agreement and Certification form and audit report if applicable.

61
Q

What is the prerequisite to participating in the Department of Justice Equitable Sharing Program?

A

Submitting a signed electronic Equitable Sharing Agreement and Certification (ESAC) form.

62
Q

Who must sign the Equitable Sharing Agreement and Certification form for the department?

A

The head of the department (Chief of Police) and a designated LFUCG official (mayor).

63
Q

Who is responsible for ensuring submission of the ESAC form within 60 days after the department’s fiscal year ends?

A

The asset forfeiture coordinator.

64
Q

What type of property can be forfeited under this chapter?

A

Real and personal property, as well as moneys, negotiable instruments, and securities.

65
Q

How can property owners prevent forfeiture under this chapter?

A

Owners can establish that acts or omissions were committed without their knowledge or consent.

66
Q

When is it presumed that moneys and currency are forfeitable?

A

When found in close proximity to controlled substances, paraphernalia, or related records.

67
Q

Who has the burden of proof to rebut the presumption of forfeitability for personal property?

A

Claimants must rebut the presumption by clear and convincing evidence.

68
Q

Who bears the burden of proof for proving real property is forfeitable?

A

The law enforcement agency must prove it by clear and convincing evidence.

69
Q

What happens to the title of forfeited property?

A

Title to all forfeited property vests in the Commonwealth on the act or omission giving rise to forfeiture.

70
Q

Under what conditions can the court order forfeiture of other property?

A

If described property cannot be located, transferred, diminished in value, or commingled.

71
Q

What is the purpose of the LFUCG State/Local Seizure Fund (#1132)?

A

To receive awards from state and local courts related to asset forfeitures.

72
Q

Who authorizes expenditures from the LFUCG State/Local Seizure Fund (#1132)?

A

The Chief of Police authorizes expenditures from the fund.

73
Q

Who forwards expenditure requests to the Chief of Police for approval?

A

The asset forfeiture coordinator forwards requests to the Chief of Police.

74
Q

What must the asset forfeiture coordinator provide to the Chief of Police for expenditure decisions?

A

Necessary information along with the request for the Chief’s decision.

75
Q

What is the minimum net equity required for property involved in criminal activities?

A

$1,000

76
Q

What is the minimum net equity required for aircraft?

A

$30,000

77
Q

How does failure to obtain log books affect aircraft value during seizure?

A

Reduces significantly

78
Q

What is the minimum net equity required for vessels?

A

$15,000

79
Q

What is the minimum net equity required for all other personal property in aggregate?

A

$2,000

80
Q

Where should state and local agencies refer to for additional information regarding businesses?

A

Asset Forfeiture Policy Manual (2016)

81
Q

When must state and local agencies complete the ‘Request for Adoption of State and Local Seizure’ form?

A

When seeking federal adoptions

82
Q

By when must state and local agencies request federal adoption after seizure?

A

Within 15 calendar days following the date of seizure

83
Q

Within how many days must the adopting federal agency send notice to interested parties?

A

Within 45 days of the date of seizure

84
Q

What tool provides valuable resources to state and local law enforcement?

A

Asset forfeiture

85
Q

How must equitably shared funds be used according to the Guide?

A

For law enforcement purposes directly supplementing appropriated resources

86
Q

What is the requirement for shared funds usage to avoid supplantation?

A

Must supplement resources, not replace them

87
Q

What should a department not do with anticipated shared property?

A

Budget or spend it before receipts

88
Q

How should equitably shared funds earmarked or budgeted be utilized?

A

For law enforcement purposes

89
Q

What happens to vehicles seized and subsequently forfeited to the department?

A

They may be retained by the department for official use.

90
Q

How are funds from the sale of retained vehicles handled?

A

Funds from such sale shall be deposited into the LFUCG State/Local Seizure Fund (#1132).

91
Q

What is meant by ‘specific law enforcement purpose’ in relation to proceeds from sale of retained vehicles?

A

Any agency activity which materially facilitates enforcement of the laws of the Commonwealth of Kentucky.

92
Q

How are bona fide perfected security interests on forfeited vehicles handled by the department?

A

The department shall pay them upon review by the asset forfeiture coordinator and approval of the Chief of Police.

93
Q

When property other than controlled substances is forfeited, what can be done with it?

A

It may be sold for its cash value if not retained for official use.

94
Q

How are controlled substances seized and forfeited under this chapter handled?

A

They shall be ordered destroyed unless there is a legal use for them.

95
Q

How are proceeds from the sale of forfeited property distributed?

A

85% to the department/agencies that seized the property for direct law enforcement purposes, 15% to the Office of the Attorney General.

96
Q

In a joint operation involving multiple law enforcement agencies, how is the distribution of funds determined?

A

It shall be made in a manner reflecting the degree of participation of each agency in the law enforcement effort resulting in the forfeiture.

97
Q

What constitutes a principal duty for a replacement officer?

A

A duty the officer is expected to perform regularly.

98
Q

What type of entity must the task force be for the salary of a replacement officer to be paid with shared funds?

A

Law enforcement entity constituted under federal, state, or local law.

99
Q

After assigning an officer to a task force, can the Chief of Police maintain direct day-to-day operational control?

A

No, they must not maintain direct day-to-day operational control.

100
Q

How long can the department continue to use forfeited funds to pay for the salary and benefits of a replacement officer after returning them from a task force?

A

For a period not to exceed six months.

101
Q

Which specialized programs can shared funds be used to pay the salary and benefits of officers assigned to?

A

Programs such as School Resource Officers (SRO) or DARE.

102
Q

What must the department establish for the proceeds from the Department of Justice Equitable Sharing Program?

A

A separate revenue account or accounting code.

103
Q

What responsibility does the LFUCG Department of Finance have related to the EFT credit involving DOJ Equitable Sharing Fund revenue?

A

Direct the EFT credit to the LFUCG DOJ Equitable Sharing Account fund.

104
Q

How are requests for expenditures from the LFUCG DOJ Equitable Sharing Account fund to be forwarded to make the expenditure decision?

A

Forwarded by the requestor to the asset forfeiture coordinator.

105
Q

When must each state or local law enforcement agency attend asset-forfeiture training?

A

Prior to receiving forfeited property under KRS 218A.410.

106
Q

What department must approve the curriculum of study for asset forfeiture training in Kentucky?

A

Kentucky Law Enforcement Council.

107
Q

When did the requirement for law enforcement agencies to provide annual asset forfeiture training start according to the U.S. Department of Justice?

A

Beginning in 2018.

108
Q

What are law enforcement agencies required to provide annual training on according to the U.S. Department of Justice?

A

State and federal laws related to asset forfeiture.

109
Q

What should law enforcement officers receive training on related to asset forfeiture according to the U.S. Department of Justice?

A

State and federal laws.

110
Q

What type of plants can be subject to forfeiture under the state asset forfeiture procedures?

A

Species of plants from which controlled substances in Schedules I and II may be derived.

111
Q

What happens if a person fails to produce appropriate registration or proof of ownership for plants upon demand?

A

Authority for the seizure and forfeiture of the plants.

112
Q

Which items used for the manufacturing, packaging, or marking of substances violating KRS 218A.350 are subject to seizure and forfeiture?

A

All substances, machinery, or devices used for such purposes.

113
Q

What types of vehicles are subject to forfeiture if used to transport property in violation of specified chapters?

A

Conveyances, including aircraft, vehicles, or vessels.

114
Q

Under what circumstances is a conveyance exempt from forfeiture under state asset forfeiture procedures?

A

When the owner proves acts or omissions were without knowledge or consent.

115
Q

Which materials used in violation of the defined chapter are subject to seizure and forfeiture?

A

Books, records, research products, formulas, microfilm, tapes, and data.

116
Q

What is considered contraband and subject to forfeiture in exchange for a controlled substance?

A

Everything of value furnished or intended to be furnished in exchange.

117
Q

What is the purpose of the asset forfeiture policy?

A

To standardize procedures for seizing and forfeiting assets lawfully.

118
Q

According to the policy, how should seized property be maintained?

A

Seized property should be maintained efficiently and lawfully.

119
Q

What does the Kentucky Controlled Substances Act authorize law enforcement agencies to do?

A

It authorizes seizing and forfeiting property used in violation of the Act.

120
Q

Why does the Lexington Police Department use forfeiture provisions?

A

To impact crime, protect innocent owners, and benefit economically.

121
Q

What policy must the Lexington Police Department comply with according to KRS 218A.420?

A

The department must adopt policies related to seizure and maintenance of property.

122
Q

What are officers prohibited from using as a reason for seizing assets or seeking forfeiture?

A

Officers are prohibited from using personal attributes as reasons.

123
Q

Who is designated as the asset forfeiture coordinator by the Chief of Police?

A

The Executive Officer in the Office of the Chief.

124
Q

What is the responsibility of the fiscal officer in the Fiscal Office?

A

Tracking and maintaining all department fiscal activities.

125
Q

What are some permissible uses of shared funds?

A

Permissible uses include law enforcement operations, training, equipment, awards, and community programs.

126
Q

What are some impermissible uses of shared funds?

A

Impermissible uses include personal or political use, creation of endowments, money laundering, and extravagant expenditures.

127
Q

Can shared funds be used for salaries of department employees?

A

Shared funds generally cannot be used for department employees’ salaries, except for specific exceptions like federal grant matches and overtime.

128
Q

What is the purpose of restricting the use of equitable sharing funds for salaries?

A

The purpose is to maintain the integrity of asset forfeiture programs and prevent influence on law enforcement decisions.

129
Q

What is the guideline for using equitable sharing funds for salaries in task force agencies?

A

Task force agencies can use shared funds for salaries in specific situations such as matching federal grants or paying officer overtime.

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