MORGANTOWN, W.Va. — Law enforcement agencies across the country are receiving letters notifying them of a loss of funds normally dispersed through the U.S. Department of Justice.
In it, M. Kendall Day, Chief Asset Forfeiture and Money Laundering Section of the DOJ, wrote, “While we had hoped to minimize any adverse impact on state, local and tribal law enforcement partners, the Department is deferring for the time being any equitable sharing payments from the (Department of Justice Asset Forfeiture) Program.”
According to Morgantown Police Chief Ed Preston, departments have been able to collect funds following investigations that result in federal charges and involve gains like houses, cars and cash.
“The U.S. Marshals Service would administer a program where illicit proceeds would be auctioned off. Afterwards, 80 percent would be returned to the agency that made the cases,” Preston explained. “Now we’re notified that’s no longer going to be the case.”
Preston said the money helps when there’s a shortfall in the department’s general budget.
“We’ve paid for training, bought equipment, anything you can think of from canines to prisoner transport cages and things of that nature.”
The total funding each year from asset forfeitures varies depending upon the crimes investigated and solved in each jurisdiction.
“One of the things we’re using right now, and the sheriff is using it, is the Naloxone program that came about to actually buy the antidote to counteract the opioid overdoses in the area,” said the police chief.
During the 2015 legislative session, lawmakers passed a bill allowing first responders the ability to administer that drug. While it is optional for departments, it did not come with funding for departments to train to use the antidote or purchase it.
Asset forfeiture proceeds can be used as supplemental funds but not to hire staff.
“We’ve arrested people for distribution of drugs coming out of Detroit. Or, we’ve done search warrants where we’ve had money laundering cases or large scale drug cases. That’s significant money there. Sometimes you’re talking anywhere from thousands to tens of thousands of dollars coming in on those forfeiture cases,” Preston said.
State forfeiture programs are still in place according to Preston.
The DOJ letter indicates 2015 and 2015 budget legislation approved in Washington led to a $1.2 billion reduction in program funds.
“We will take all appropriate and necessary measures to minimize the impact of the rescission and reinstate sharing distributions as soon as practical and financially feasible,” Day wrote.