Equitable Sharing

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.

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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.

Agency - Department of the Treasury

The Department of Treasury is a steward of United States economic and financial systems, and promotes conditions for prosperity and stability in the U.S., and encourages prosperity and stability in the rest of the world.




Program Accomplishments

Not Applicable.

Uses and Use Restrictions

The Comprehensive Crime Control Act of 1984 authorized federal officials to implement a national asset forfeiture program.

One ancillary benefit of asset forfeiture is the authorization to share federal forfeiture proceeds with cooperating state and local law enforcement agencies, which provides agencies with valuable additional resources without burdening tax payer dollars.

The Guide to Equitable Sharing for State and Local Law Enforcement Agencies (Guide) outlines the policies and procedures governing the receipt, use, maintenance and reporting of forfeited funds received through the Department of the Treasury Equitable Sharing Program (Program).

The Guide is supplemented with the National Code of Professional Conduct for Asset Forfeiture and all Program participants must ensure compliance with the Code.

Except as noted in the Guide, equitably shared funds must be used by law enforcement agencies for law enforcement purposes only.

Permitted expenditures listed in the Guide are preapproved uses of shared funds and property, subject to policies and statutes governing the use of public funds.

The fact that shared property was forfeited as a result of a particular federal violation does not limit its use.

Law Enforcement.

Eligibility Requirements

Applicant Eligibility

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.

Beneficiary Eligibility

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.

Credentials/Documentation

The federal deciding authority must approve all sharing requests and recommendations, including sharing percentages negotiated in a task force or other agreement, before sharing occurs. Sharing will only be awarded to agencies that are compliant Program participants in good standing with the policies set forth in the Guide. This program is excluded from coverage under 2 CFR 200, Subpart E -Cost Principles. This program is excluded from coverage under 2 CFR 200, Subpart E - Cost Principles.

Aplication and Award Process

Preapplication Coordination

Preapplication coordination is not applicable.

Environmental impact information is not required for this program.

This program is excluded from coverage under E.O.

12372.

Application Procedures

This program is excluded from coverage under 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. This program is excluded from coverage under 2 CFR 200. Uniform administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. After the seizure or forfeiture of an identified asset, a participating state or local agency meeting all requirements set forth in the Guide may request a share of the property by submitting a Form TD F 92.26, Application for Transfer of Federally Forfeited Property, to the federal seizing agency. A separate Form TD F must be completed for each asset to be shared.

Award Procedures

Federal law authorizes the Director of Execuitve Office for Asset Forfeiture to share federally forfeited property with partici¨pating state and local law enforcement agencies. The exercise of this authority is discretionary and limited by statute. No sharing request or recommendation is final until approved by the federal deciding authority. The equitable sharing deciding authority levels are specified in the Guide.

Deadlines

Not Applicable.

Authorization

The Comprehensive Crime Control Act of 1984, 31 U.S.C 9705.

Range of Approval/Disapproval Time

From 120 to 180 days. TD F Form must be submitted within 60 days of the seizure.

Appeals

The exercise of this authority is discretionary and limited by statute. It is not subject to appeal or court review.

Renewals

Not Applicable.

Assistance Considerations

Formula and Matching Requirements

This program has no statutory formula. This program has no matching requirements. This program has no statutory formula. Matching Requirements: There is no local match requirement for Equitable Sharing. Equitable Sharing funds are eligible to cover the costs associated with paying a state or local law enforcement agency?s matching contribution or share in a federal grant program, provided that the grant funds are used for a permissible law enforcement purpose in accordance with the Guide or where such use is authorized by federal law. Equitable Sharing awards have Non-supplanting requirements. MOE requirements are not applicable to this program.

Length and Time Phasing of Assistance

Not applicable. See the following for information on how assistance is awarded/released: Equitable Sharing is disbursed based via Electronic Funds Transfer on a case-by-case basis.

Post Assistance Requirements

Reports

To ensure effective management, promote public confidence in the integrity of the Equitable Sharing Program, and protect the Program against potential waste, fraud, and abuse, the Department of Justice and Treasury has established for participating law enforcement agencies reporting requirements that the annual submission of the Equitable Sharing Agreement and Certification Form and, if applicable, an audit report.

A state or local law enforcement agency must be in compliance with the report-ing requirements set forth in this Guide to receive any distribution of money or property under the Equitable Sharing Program.

As a prerequisite to participating in the Department of Justice Equitable Sharing Program, a state or local law enforcement agency must annually submit a signed Equitable Sharing Agreement and Certification form.

The agreement must be signed by the head of the law enforcement agency and a designated official of the governing body.

By signing the Affidavit, the signatories agree to be bound by the statutes and guidelines that regulate the equitable sharing program and certify that the law enforcement agency will comply with these guidelines and statutes.

State and local law enforcement agencies must submit this form within 60 days after the end of an agency?s fiscal year, regardless of whether funds were received or maintained during the fiscal year.

The report must be completed electronically and emailed to aca.submit@usdoj.gov.

(Shared by Treasury and Justice).

Cash reports are not applicable.

Progress reports are not applicable.

To ensure effective management, promote public confidence in the integrity of the Equitable Sharing Program, and protect the Program against potential waste, fraud, and abuse, the Departments of Justice and Treasury have established for participating law enforcement agencies reporting requirements that include the annual submission of the Equitable Sharing Agreement and Certification form and, if applicable, an audit report.

A state or local law enforcement agency must be in compliance with the report-ing requirements set forth in this Guide to receive any distribution of money or property under the Equitable Sharing Program.

As a prerequisite to participating in the Department of Justice Equitable Sharing Program, a state or local law enforcement agency must annually submit to AFMLS a signed Equitable Sharing Agreement and Certification form.

The agreement must be signed by the head of the law enforcement agency and a designated official of the governing body.

By signing the Affidavit, the signatories agree to be bound by the statutes and guidelines that regulate the equitable sharing program and certify that the law enforcement agency will comply with these guidelines and statutes.

State and local law enforcement agencies must submit this form within 60 days after the end of an agency?s fiscal year, regardless of whether funds were received or maintained during the fiscal year.

The report must be completed electronically and emailed to aca.submit@usdoj.gov (Shared by Treasury and Justice).

Performance monitoring is not applicable.

Audits

In accordance with the provisions of 2 CFR 200, Subpart F - Audit Requirements, non-Federal entities that expend financial assistance of $750,000 or more in Federal awards will have a single or a program-specific audit conducted for that year. Non-Federal entities that expend less than $750,000 a year in Federal awards are exempt from Federal audit requirements for that year, except as noted in 2 CFR 200.503.

Records

Financial records, supporting documents, and all other records pertinent to equitable sharing shall be retained for a period of 3 years following the conclusion of Federal assistance.

Financial Information

Account Identification

15-6400-5-5-123 - Forfeiture Fund.

Obigations

(Direct Payments for Specified Use) FY 16 $173,284,930; FY 17 Estimate Not Available; and FY 18 Estimate Not Available

Range and Average of Financial Assistance

Not applicable.

Regulations, Guidelines, and Literature

The Department of the Treasury Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies( April 2004) Interim Policy Guidance on the Use of Shared Funds dated November 1, 2015

Information Contacts

Regional or Local Office

None.

Headquarters Office

Jackie A. Jackson 1341 G. Street N.W. Suite 900, Washington, District of Columbia 20005 Email: Jackie.Jackson@Treasury.gov Phone: 2026222755 Fax: 2026229610

Criteria for Selecting Proposals

Not Applicable.



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Edited by: Michael Saunders

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