Equitable Sharing

Objective

The Department of the Treasury Asset Forfeiture Program is a nationwide law enforcement initiative that removes the tools of crime from criminal organizations, deters crime and deprives wrongdoers of the proceeds of their criminal proceeds, and recovers property that may be used to compensate victims. Equitable sharing further enhances the law enforcement mission by fostering cooperation among federal, state, and local law enforcement agencies. Federal law authorizes Treasury to share federally forfeited property with participating state and local law enforcement agencies. Equitable sharing is discretionary and limited by statute. The U.S. Department of the Justice administers a similar program.

Who Can Apply

• Other

A state or local law enforcement agency meeting eligibility requirements set forth in the Guide and 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. For purposes of equitable sharing, the Department of Treasury defines law enforcement agency as a state or local government organization authorized to engage in as its primary function the investigation and apprehension, or the prosecution of individuals suspected or convicted of offenses against the criminal laws of the United States or of any state, county, municipality, or territory of the United States. A State National Guard generally does not meet the law enforcement agency criteria for participation in the Program because its primary mission is a military or other non-law enforcement purpose. However, a National Guard Counterdrug Unit may qualify for sharing if: (1) It is a distinct unit of a state National Guard that has counterdrug activities as its primary mission and receives funding solely for this purpose; or (2) It is a military police or similar state National Guard unit that provides support to federal law enforcement agencies in counterdrug activities.

Who Benefits

• Other

A state or local law enforcement agency meeting eligibility requirements set forth in the Guide and 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.

Assistance Types

• Asset Forfeiture/Equitable Sharing

Program Contact

keesha.jordan@treasury.gov
202-622-2571