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Asset Forfeiture: A Seldom Used Tool in Combatting Drug Trafficking

NCJ Number
156641
Date Published
1981
Length
85 pages
Annotation
This report discusses the use of asset forfeiture by the U.S. Department of Justice as a tool in drug law enforcement efforts.
Abstract
The first chapter of this report describes how asset forfeiture can be used to seize the enormous profits derived from criminal activities, particularly drug trafficking, and outlines existing forfeiture authorizations. However, the Federal Government has done little to capitalize on this tactic; between 1970 and 1980, the Racketeer Influenced and Corrupt Organizations (RICO) and Continuing Criminal Enterprise (CCE) acts were used in 98 narcotics cases, yielding only $2 million in seized assets. The report stresses the need for better management of drug asset forfeiture efforts and the development of expertise and incentives to investigate and prosecute financial cases. Emerging case RICO and CCE case law suggests that legislative action is warranted to define some ambiguous aspects of forfeiture law. This report concludes with recommendations to the Congress and the Attorney General regarding the enhancement of criminal forfeiture statutes. 6 appendixes