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Equitable Sharing
Q: What is
Equitable Sharing?
A: Equitable sharing is a DOJ program designed to enhance cooperation
among federal, state, and local law enforcement agencies through the
sharing of proceeds resulting from federal forfeitures.
Q: Who can
participate in equitable sharing?
A: Any eligible state or local law enforcement agency that directly
participates in an investigation or prosecution that results in a
federal forfeiture may request an equitable share of the net proceeds of
the forfeiture. This request must be made within 60 days of the seizure
by submitting a form DAG-71, Application for Transfer of Federally
Forfeited Property, to the pertinent federal investigative agency. A
separate application must be completed for each asset to be shared.
Q: How does my
agency become eligible for equitable sharing?
A: Any state or local law enforcement agency that wishes to become
eligible to take part in the equitable sharing program must submit the
Federal Sharing Agreement and the
Annual Certification Report to:
Asset Forfeiture Money Laundering
Section
Criminal Division
U.S. Department of Justice
1400 New York Avenue, N.W.
Bond Building, Tenth Floor
Washington, D.C. 20005
The submission of these requirements is a
prerequisite to to the approval of any equitable sharing request.
Noncompliance may result in the denial of the agency's sharing request.
Q: What is the Federal Sharing Agreement?
A: The Federal Sharing Agreement is a document which binds its
signatories to the statutes and guidelines that regulate the equitable
sharing program and certify that the law enforcement agency will comply
with said guidelines and statutes. The agreement must be signed by the
head of the law enforcement agency and a designated official of its
governing body. Effective October 1, 1996 the agreement must be
submitted every three years on or before October 1. If a change in
administration occurs at the state or local law enforcement agency
and/or its governing body within the three year period, the requesting
agency must submit a new agreement.
Q: What is the
Annual Certification Report?
A: The Annual Certification Report is a document whose signatories
certify that the accounting of funds received and spent by the law
enforcement agency is accurate and in compliance with the guidelines and
statutes that govern the equitable sharing program. This report is due
60 days after the close of the requesting agency's fiscal year.
Submission of this report also applies to any agency that had any
unspent previously shared money in a holding account at any time during
the fiscal year.
Q: How much money
will my agency receive by participating?
A: The percentage shared with state and local law enforcement agencies
is based on the degree of the agencies' direct participation in the
case. The percentage is always based upon the net proceeds of the
forfeiture.
Q: Who determines
the percentage of the share my agency will receive?
Sharing decisions are documented on the form DAG-72, Decision Form for
Transfer of Federally Forfeited Property. Authority to make decisions on
equitable sharing requests depend on the value of the assets seized and
whether the asset is forfeited through administrative or judicial
proceedings. The investigative agency, e.g., DEA, FBI and INS,
determines the amount of the equitable share in administrative
forfeiture cases where the value of the asset is less than $1 million.
In judicial forfeiture cases where the value of the asset is less than
$1 million, the USAO determines the amount of the equitable share.
Further, in both administrative and judicial forfeiture cases where the
asset is valued at $1 million or more, in multi-district cases, and in
cases involving the transfer of real property, the Criminal Division
determines the amount of the equitable share.
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