2266

Equitable Sharing Protocol

BACKGROUND: The furtherance of law enforcement cooperation with state and local law enforcement agencies is one of the primary goals of the Department's asset forfeiture program. Equitable sharing has been a dramatic success in fostering cooperation with our State and local law enforcement colleagues. But the explosive growth of sharing has created new management challenges. State and local agencies are increasingly dependent upon sharing proceeds. Expediting the processing of sharing requests, therefore, deserves a high priority both at headquarters and in the field. The levels of decision making authority are set forth at section IX(E) of A Guide to Equitable Sharing of Federally Forfeited Property By State and Local Law Enforcement Agencies (March 1994). All decision-makers should ensure that every equitable share approved meets the Guidelines standards. (On June 5, 1995, the Deputy Attorney General delegated to the Assistant Attorney General, Criminal Division, the authority to make final equitable sharing determinations in cases involving: forfeited property of a value of $1 million or more; multi-district cases; or involving the transfer of real property if the Asset Forfeiture and Money Laundering Section (AFMLS) of the Criminal Division, the United States Attorney, and the federal seizing agency agree on the allocation of judicially forfeited property or AFMLS and the federal seizing agency agree on the allocation of administratively forfeited property. A copy of the June 5, 1995 memorandum delegating this authority to the Assistant Attorney General is in this Manual at 2285. All officials are cautioned not to represent that a sharing request is approved until the final decision maker has in fact rendered a decision. Premature announcement of a sharing approval can cause embarrassment if the proposed sharing is ultimately disapproved or substantially altered. [cited in USAM 9-116.210]