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Asset Forfeiture--A Seldom Used Tool in Combating Drug Trafficking

GGD-81-51 Published: Apr 10, 1981. Publicly Released: Apr 30, 1981.
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Highlights

GAO reviewed the Department of Justice's asset forfeiture program, described the extent to which forfeiture has been employed in narcotics cases, and discussed the problems limiting greater forfeiture use.

Recommendations

Matter for Congressional Consideration

Matter Status Comments
Congress should amend the criminal forfeiture provisions of the Racketeer Influenced and Corrupt Organizations (RICO) statute, 18 U.S.C. 1961 et seq., to: (1) make explicit provision for forfeiture of profits and proceeds that are (a) acquired, derived, used, or maintained in violation of RICO or (b) acquired or derived as a result of a RICO violation; (2) authorize forfeiture of substitute assets, to the extent that assets forfeitable under RICO (a) cannot be located, (b) have been transferred, sold to, or deposited with third parties, or (c) have been placed beyond the general territorial jurisdiction of the United States. This authorization would be limited to the value of the assets described in (a), (b), and (c) above; and (3) clarify that interests forfeitable under RICO include assets illicitly derived, maintained, or acquired that are held or owned in an individual capacity by defendants convicted of using a de facto association/enterprise to violate RICO.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Recommendations for Executive Action

Agency Affected Recommendation Status
Department of Justice The Attorney General should evaluate the workability of current forfeiture procedures and take the appropriate steps to effect any necessary revisions.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.
Department of Justice The Attorney General should direct Justice's Criminal Division to analyze on a continuing basis the extent to which forfeiture statutes are used and the reasons for their success or failure. When problems restricting forfeiture use are identified, the Criminal Division should propose solutions, whether or not they involve administrative or legislative action.
Closed – Implemented
When we confirm what actions the agency has taken in response to this recommendation, we will provide updated information.

Full Report

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Topics

AssetsCrime preventionCriminal procedureExpropriationFines (penalties)Law enforcementNarcoticsProfitsSearch and seizureTaxes