WaPo | The Justice Department has announced that it is resuming a
controversial practice that allows local police departments to funnel a
large portion of assets seized from citizens into their own coffers
under federal law.
The "Equitable Sharing Program" gives police the option of prosecuting some asset forfeiture
cases under federal instead of state law, particularly in instances
where local law enforcement officers have a relationship with federal
authorities as part of a joint task force. Federal forfeiture policies
are more permissive than many state policies, allowing police to keep up
to 80 percent of assets they seize.
The Justice Department had suspended payments under this program in December, due to budget cuts included in last year's spending bill.
"In
the months since we made the difficult decision to defer equitable
sharing payments because of the $1.2 billion rescinded from the Asset
Forfeiture Fund, the financial solvency of the fund has improved to the
point where it is no longer necessary to continue deferring equitable
sharing payments," spokesman Peter J. Carr said in an email Monday.
While
he didn't specify exactly where the new funding came from, Carr noted
that the program is partly funded by the cash and other property seized
under the program.
"The Asset Forfeiture Fund acts in many ways
like a revolving fund," he explained in a follow-up email. "Forfeited
proceeds are being deposited throughout the year to replenish the funds
that are simultaneously flowing out of the Asset Forfeiture Fund to pay
for approved agency expenses." He noted that when the Justice Department
announced the suspension in December, it remained "very eager to
resume payments as soon as it is fiscally feasible to do so."
