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Assets Forfeiture Fund (AFF)

The Comprehensive Crime Control Act of 1984 established the Department of Justice Assets Forfeiture Fund (AFF or the Fund) to receive the proceeds of forfeiture.  The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal. The Fund may also be used to finance certain general investigative expenses. These authorized uses are enumerated in 28 U.S.C. § 524(c).

The following link represents the most current report available to the public. The report illustrates both operational and investigative types of expenses by recipient federal agency, including costs for all goods and services that were transacted during the year.

Assets Forfeiture Fund – Report of Costs of the Fund by Expense Category and Recipient Agency for FY 2023


Forfeiture Operations Expenses

Forfeiture operations expenses are costs associated with the day-to-day management and execution of the forfeiture program.

Expense Type Description
Asset Management and Disposal Costs incurred in connection with the seizure, inventory, appraisal, packaging, movement, storage, maintenance, security, and disposition of property (including destruction of contraband). Asset management costs may also include payment of contract services to operate and manage properties, or provide other specialized services as necessary to manage and/or dispose of such properties.
Third-Party Interests Costs for payments of valid liens, secured mortgages, and debts owed to qualified general creditors as well as the return of property to qualifying victims, including favorable rulings on petitions for remission or mitigation or restorations.
Equitable Sharing Payments Payments to federal, state, local, and tribal law enforcement agencies and foreign governments. Payments reflect the degree of direct participation in law enforcement efforts resulting in forfeiture.
Case Related Expenses Costs incurred in connection with forfeiture proceedings, including advertising costs, court reporting, deposition fees, expert witness fees, consulting fees, courtroom exhibit costs, and travel and subsistence costs related to a specific proceeding.
Special Contract Services Costs for contract services that directly support the processing, data entry, and accounting for forfeiture cases. Contracts for asset management mentioned above are not included in this category.
Storage, Protection, and Destruction of Controlled Substances Costs incurred to store, secure, and/or destroy controlled substances.
Information Technology (IT) Equipment Costs for purchasing/leasing IT equipment utilized for Program-related work.
Training and Printing Costs for training federal and contractor personnel dedicated to performing federal forfeiture functions. Also included are expenses for printing associated with forfeiture training.
Other Program Operations Costs for the overall management of the Program, including forfeiture-related costs for supplies; equipment; rent; travel; IT support services; and internal and external financial, program, and property audits.
Contracts to Identify Forfeitable Assets Costs incurred for contract support to trace the proceeds of crime to assets subject to forfeiture.
Awards Based on Forfeiture Payment of awards for information or assistance leading to a civil or criminal forfeiture in which the lead investigative agency participates in the Justice Program.

General Investigative Expenses

Investigative expenses are payments to reimburse any Federal agency participating in the Fund for investigative costs.

Expense Type Description
Awards for Information Payment of awards for information or assistance directly relating to violations of the criminal drug laws of the United States or of sections 1956 and 1957 of title 18, sections 5313 and 5324 of title 31, and section 6050I of the Internal Revenue Code of 1986. There is no requirement that the information provided have any relationship to a civil or criminal forfeiture under federal law.
Purchase of Evidence Costs to purchase evidence related to certain illegal activity in violation of the Controlled Substances Act, Controlled Substances Import and Export Act, the Racketeer Influenced and Corrupt Organizations Act (RICO), or 18 USC 1956-1957.
Equipping of Conveyances Costs incurred to equip government conveyances for law enforcement functions.
Joint Law Enforcement Operations (JLEO) Costs incurred by state and local law enforcement officers participating in joint law enforcement operations with a federal agency participating in the Fund.
Investigative Costs Leading to Seizure Costs incurred by agencies participating in the Justice Asset Forfeiture Program for the identification, location, and seizure of property subject to forfeiture.

 

Updated January 31, 2024