MEMO Most law enforcement agencies have been expanding and continuing their aggressive forfeiture actions to not only seize assets that were illegally gained, but also as a way to supplement their routine budget needs

MEMO

Most law enforcement agencies have been expanding and continuing their aggressive forfeiture actions to not only seize assets that were illegally gained, but also as a way to supplement their routine budget needs.    There are two (2) types of forfeiture actions used by law enforcement.  Once is criminal forfeiture and one is civil forfeiture.    The most controversial is civil forfeiture processes as they require a "lesser" standard of proof.    Recently, individual states have started to pass laws  curtailing the use of civil forfeitures and also the USDOJ has announced it will scrutinize operations so that abuses of these procedures are reduced by both federal and state law enforcement agencies.

Write a memo to the police chief (no more then 700 words) explaining the following below items law surrounding forfeiture proceedings.

• Explain the difference between criminal forfeiture actions vs. civil forfeiture actions and explain how the procedures are different
• Give three (3) different examples of how the forfeiture process has been misused by law enforcement and provide the links to the stories and accounts
• The US Department Justice, under then U.S. Attorney General Eric Holder, in January 2015 and March 2015, announced two new measures/restrictions that federal law enforcement agencies will have to follow now relative to federal agencies.  (to reduce forfeiture actions by federal agencies).  Explain at least one of these new policies and what they address and mean and why the action was taken.   Do you think the Trump administration will revert back to the prior course of action by DOJ  and aggressively enforce the civil forfeiture procedures (ie. reverse the Obama's DOJ decision)?  why/why  not.  
• Is it a good idea to allow law enforcement agencies to become dependent upon the revenues that such forfeiture process can generate  for their general budget each year?   What is the overall policy reason why it is a bad idea to have civilian law enforcement generating any type of revenue for its own budget purposes
• Give three (3) State Statutes in the USA, and cite them, as examples of forfeiture statutes.
• Advise the Chief of Police what "safeguards" should be put in place, should his department continue forfeitures to make sure there is no abuse and liability to the law enforcement agency.