Asset Forfeiture Procedures Flashcards
1
Q
Who instructs the requestor to electronically enter purchase requests via PeopleSoft?
A
The asset forfeiture coordinator.
2
Q
What types of personal property are subject to forfeiture under the mentioned chapter?
A
Vessels, vehicles, aircraft, currency, contraband articles.
3
Q
Under what circumstances can personal property be seized without a process?
A
- Incident to an arrest or search 2. After a prior judgment by the state 3. Dangerous to health/safety 4. Subject to forfeiture.
4
Q
When should property located on private premises be seized?
A
Upon court order permitting entry, unless authorized by law.
5
Q
What should the case officer do after seizing property?
A
Determine ownership, give notice, release if innocent owner, complete electronic report.
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.
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.
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.
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.
10
Q
What must the department report annually on the ESAC form?
A
Equitable sharing funds received, how they were spent, and remaining funds.
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.
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.
13
Q
Which programs are included in the Treasury Funds column for reporting equitable sharing funds?
A
IRS, ICE, CBP, and USSS.
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.
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.
16
Q
Who is responsible for contracting with an independent accounting firm for the single audit?
A
LFUCG Department of Finance.
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.
18
Q
How long must the department retain documents pertaining to participation in the Equitable Sharing Program?
A
At least five years.
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.
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.
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.
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.
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.
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.
25
When shall seized property be released to the lawful owner at the conclusion of the judicial process?
Seized property shall be released to the lawful owner immediately if the claimant prevails.
26
What should be done with property seized as having evidentiary value?
Property seized as having evidentiary value shall be treated accordingly and not released pursuant to the policy.
27
Who is responsible for making quarterly inspections of seized property?
Assistant coordinator(s) directed by the asset forfeiture coordinator are responsible for quarterly inspections of seized property.
28
Who is designated as the Department of Justice Equitable Sharing Agreement Certification eShare Administrator?
The fiscal officer in the Fiscal Office.
29
What are the rights of an ESAC Submitter?
An ESAC Submitter can add, change, delete, submit ESAC forms, reply to correspondence, and add/edit contact information.
30
Who has the security role rights of an ESAC Submitter?
Only the eShare Administrator (the fiscal officer in the Fiscal Office).
31
What can an ESAC Creator do?
An ESAC Creator can add, change, delete ESAC forms or contact information, and respond to correspondence.
32
Can ESAC Creators submit ESAC forms?
No, ESAC Creators cannot submit ESAC forms.
33
What are the rights of an ESAC Reader?
An ESAC Reader can view ESAC information but cannot add, modify, submit ESAC forms, or respond to correspondence.
34
Who are some department positions with eShare ESAC Reader security role rights?
The Asset Forfeiture Coordinator (Executive Officer) and a BOI DEA Task Force Detective.
35
Which department positions have eShare DAG-71 Submitter User Group access?
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.
36
Who has eShare DAG-71 Reader User Group access?
The Asset Forfeiture Coordinator (Executive Officer).
37
What is the mission of the Department of Justice Asset Forfeiture Program?
To disrupt and dismantle criminal enterprises, deprive criminals of illegal proceeds, deter crime, and restore property to victims.
38
When did the Attorney General issue an Order allowing federal adoptions of seized assets by state or local law enforcement?
On July 19, 2017.
39
What are the minimum net equity requirements for residential/commercial real property and vacant land?
At least $30,000 or 20% of the appraised value, whichever is greater.
40
What are the minimum net equity requirements for vehicles under the Department of Justice Asset Forfeiture Program?
At least $5,000 based on the National Automobile Dealers Association ``Trade-In Value.''
41
What is the minimum cash amount required under the Department of Justice Asset Forfeiture Program?
At least $5,000, unless the person from whom the cash was seized is being criminally prosecuted.
42
Who ensures court orders related to asset awards are forwarded to the asset forfeiture coordinator?
Civilian Property and Evidence Unit supervisor
43
Where are the moneys awarded by the court deposited each month?
LFUCG State/Local Seizure Fund (#1132)
44
Who is responsible for submitting the Annual Asset Forfeiture Report to the Kentucky Justice and Public Safety Cabinet?
Fiscal officer
45
Who is responsible for submitting a quarterly report listing seized vehicles to the asset forfeiture coordinator?
Civilian Technical Services Unit supervisor
46
Where are the proceeds from the auction of forfeited vehicles deposited?
LFUCG State/Local Seizure Fund (#1132)
47
Who manages the process of issuing sharing checks as required by court order?
Asset forfeiture coordinator
48
Who ensures that the appropriate seizure reports are annually submitted to the Kentucky Justice and Public Safety Cabinet?
Asset forfeiture coordinator
49
Who should obtain assistance from the asset forfeiture coordinator in cases of human trafficking?
Human trafficking detective
50
Where should proceeds from seized and forfeited property in human trafficking cases be distributed?
As outlined in KRS 529.150
51
What is the required training per KRS for disposal of seized and forfeited property?
GO 1982-05H Asset Forfeiture Procedures
52
Who will notify the requestor of the Chief's expenditure decision?
The asset forfeiture coordinator.
53
What must be done with tangible property used for law enforcement for at least two years?
It may be sold for the benefit of the department.
54
What is the required approval if the department wants to sell property before two years?
Approval from AFMLS (Department of Justice’s Asset Forfeiture and Money Laundering Section).
55
For what purpose should purchased luxury automobiles be used?
Only for undercover assignments.
56
From whom should expenditures be approved if appropriate?
LFUCG.
57
What should be done upon final approval before disbursing assets for goods or services?
Issue contracts or purchase orders.
58
What must be maintained in regards to expenditures from the revenue account?
Record of all expenditures.
59
What report must be issued annually regarding federal asset sharing funds and property?
A yearly ESAC report.
60
What are the reporting requirements established by the Department of Justice for law enforcement agencies?
Annual submission of Equitable Sharing Agreement and Certification form and audit report if applicable.
61
What is the prerequisite to participating in the Department of Justice Equitable Sharing Program?
Submitting a signed electronic Equitable Sharing Agreement and Certification (ESAC) form.
62
Who must sign the Equitable Sharing Agreement and Certification form for the department?
The head of the department (Chief of Police) and a designated LFUCG official (mayor).
63
Who is responsible for ensuring submission of the ESAC form within 60 days after the department's fiscal year ends?
The asset forfeiture coordinator.
64
What type of property can be forfeited under this chapter?
Real and personal property, as well as moneys, negotiable instruments, and securities.
65
How can property owners prevent forfeiture under this chapter?
Owners can establish that acts or omissions were committed without their knowledge or consent.
66
When is it presumed that moneys and currency are forfeitable?
When found in close proximity to controlled substances, paraphernalia, or related records.
67
Who has the burden of proof to rebut the presumption of forfeitability for personal property?
Claimants must rebut the presumption by clear and convincing evidence.
68
Who bears the burden of proof for proving real property is forfeitable?
The law enforcement agency must prove it by clear and convincing evidence.
69
What happens to the title of forfeited property?
Title to all forfeited property vests in the Commonwealth on the act or omission giving rise to forfeiture.
70
Under what conditions can the court order forfeiture of other property?
If described property cannot be located, transferred, diminished in value, or commingled.
71
What is the purpose of the LFUCG State/Local Seizure Fund (#1132)?
To receive awards from state and local courts related to asset forfeitures.
72
Who authorizes expenditures from the LFUCG State/Local Seizure Fund (#1132)?
The Chief of Police authorizes expenditures from the fund.
73
Who forwards expenditure requests to the Chief of Police for approval?
The asset forfeiture coordinator forwards requests to the Chief of Police.
74
What must the asset forfeiture coordinator provide to the Chief of Police for expenditure decisions?
Necessary information along with the request for the Chief's decision.
75
What is the minimum net equity required for property involved in criminal activities?
$1,000
76
What is the minimum net equity required for aircraft?
$30,000
77
How does failure to obtain log books affect aircraft value during seizure?
Reduces significantly
78
What is the minimum net equity required for vessels?
$15,000
79
What is the minimum net equity required for all other personal property in aggregate?
$2,000
80
Where should state and local agencies refer to for additional information regarding businesses?
Asset Forfeiture Policy Manual (2016)
81
When must state and local agencies complete the 'Request for Adoption of State and Local Seizure' form?
When seeking federal adoptions
82
By when must state and local agencies request federal adoption after seizure?
Within 15 calendar days following the date of seizure
83
Within how many days must the adopting federal agency send notice to interested parties?
Within 45 days of the date of seizure
84
What tool provides valuable resources to state and local law enforcement?
Asset forfeiture
85
How must equitably shared funds be used according to the Guide?
For law enforcement purposes directly supplementing appropriated resources
86
What is the requirement for shared funds usage to avoid supplantation?
Must supplement resources, not replace them
87
What should a department not do with anticipated shared property?
Budget or spend it before receipts
88
How should equitably shared funds earmarked or budgeted be utilized?
For law enforcement purposes
89
What happens to vehicles seized and subsequently forfeited to the department?
They may be retained by the department for official use.
90
How are funds from the sale of retained vehicles handled?
Funds from such sale shall be deposited into the LFUCG State/Local Seizure Fund (#1132).
91
What is meant by 'specific law enforcement purpose' in relation to proceeds from sale of retained vehicles?
Any agency activity which materially facilitates enforcement of the laws of the Commonwealth of Kentucky.
92
How are bona fide perfected security interests on forfeited vehicles handled by the department?
The department shall pay them upon review by the asset forfeiture coordinator and approval of the Chief of Police.
93
When property other than controlled substances is forfeited, what can be done with it?
It may be sold for its cash value if not retained for official use.
94
How are controlled substances seized and forfeited under this chapter handled?
They shall be ordered destroyed unless there is a legal use for them.
95
How are proceeds from the sale of forfeited property distributed?
85% to the department/agencies that seized the property for direct law enforcement purposes, 15% to the Office of the Attorney General.
96
In a joint operation involving multiple law enforcement agencies, how is the distribution of funds determined?
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
What constitutes a principal duty for a replacement officer?
A duty the officer is expected to perform regularly.
98
What type of entity must the task force be for the salary of a replacement officer to be paid with shared funds?
Law enforcement entity constituted under federal, state, or local law.
99
After assigning an officer to a task force, can the Chief of Police maintain direct day-to-day operational control?
No, they must not maintain direct day-to-day operational control.
100
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?
For a period not to exceed six months.
101
Which specialized programs can shared funds be used to pay the salary and benefits of officers assigned to?
Programs such as School Resource Officers (SRO) or DARE.
102
What must the department establish for the proceeds from the Department of Justice Equitable Sharing Program?
A separate revenue account or accounting code.
103
What responsibility does the LFUCG Department of Finance have related to the EFT credit involving DOJ Equitable Sharing Fund revenue?
Direct the EFT credit to the LFUCG DOJ Equitable Sharing Account fund.
104
How are requests for expenditures from the LFUCG DOJ Equitable Sharing Account fund to be forwarded to make the expenditure decision?
Forwarded by the requestor to the asset forfeiture coordinator.
105
When must each state or local law enforcement agency attend asset-forfeiture training?
Prior to receiving forfeited property under KRS 218A.410.
106
What department must approve the curriculum of study for asset forfeiture training in Kentucky?
Kentucky Law Enforcement Council.
107
When did the requirement for law enforcement agencies to provide annual asset forfeiture training start according to the U.S. Department of Justice?
Beginning in 2018.
108
What are law enforcement agencies required to provide annual training on according to the U.S. Department of Justice?
State and federal laws related to asset forfeiture.
109
What should law enforcement officers receive training on related to asset forfeiture according to the U.S. Department of Justice?
State and federal laws.
110
What type of plants can be subject to forfeiture under the state asset forfeiture procedures?
Species of plants from which controlled substances in Schedules I and II may be derived.
111
What happens if a person fails to produce appropriate registration or proof of ownership for plants upon demand?
Authority for the seizure and forfeiture of the plants.
112
Which items used for the manufacturing, packaging, or marking of substances violating KRS 218A.350 are subject to seizure and forfeiture?
All substances, machinery, or devices used for such purposes.
113
What types of vehicles are subject to forfeiture if used to transport property in violation of specified chapters?
Conveyances, including aircraft, vehicles, or vessels.
114
Under what circumstances is a conveyance exempt from forfeiture under state asset forfeiture procedures?
When the owner proves acts or omissions were without knowledge or consent.
115
Which materials used in violation of the defined chapter are subject to seizure and forfeiture?
Books, records, research products, formulas, microfilm, tapes, and data.
116
What is considered contraband and subject to forfeiture in exchange for a controlled substance?
Everything of value furnished or intended to be furnished in exchange.
117
What is the purpose of the asset forfeiture policy?
To standardize procedures for seizing and forfeiting assets lawfully.
118
According to the policy, how should seized property be maintained?
Seized property should be maintained efficiently and lawfully.
119
What does the Kentucky Controlled Substances Act authorize law enforcement agencies to do?
It authorizes seizing and forfeiting property used in violation of the Act.
120
Why does the Lexington Police Department use forfeiture provisions?
To impact crime, protect innocent owners, and benefit economically.
121
What policy must the Lexington Police Department comply with according to KRS 218A.420?
The department must adopt policies related to seizure and maintenance of property.
122
What are officers prohibited from using as a reason for seizing assets or seeking forfeiture?
Officers are prohibited from using personal attributes as reasons.
123
Who is designated as the asset forfeiture coordinator by the Chief of Police?
The Executive Officer in the Office of the Chief.
124
What is the responsibility of the fiscal officer in the Fiscal Office?
Tracking and maintaining all department fiscal activities.
125
What are some permissible uses of shared funds?
Permissible uses include law enforcement operations, training, equipment, awards, and community programs.
126
What are some impermissible uses of shared funds?
Impermissible uses include personal or political use, creation of endowments, money laundering, and extravagant expenditures.
127
Can shared funds be used for salaries of department employees?
Shared funds generally cannot be used for department employees' salaries, except for specific exceptions like federal grant matches and overtime.
128
What is the purpose of restricting the use of equitable sharing funds for salaries?
The purpose is to maintain the integrity of asset forfeiture programs and prevent influence on law enforcement decisions.
129
What is the guideline for using equitable sharing funds for salaries in task force agencies?
Task force agencies can use shared funds for salaries in specific situations such as matching federal grants or paying officer overtime.
