DATE: August 23, 2022
TO: Board of Supervisors
SUBMITTED BY: Lisa A. Smittcamp, District Attorney
SUBJECT: Federal Asset Forfeiture Equitable Sharing Agreement and Certification
RECOMMENDED ACTION(S):
TITLE
1. Approve and authorize Chairman to execute annual Equitable Sharing Agreement with the Federal Government authorizing the District Attorney's Office to participate in the Federal Equitable Sharing Program and potentially receive a share of asset forfeitures, and certifying as to funds received and expended during FY 2021-22;
2. Authorize the District Attorney to submit the Equitable Sharing Agreement and Certification; and
3. Authorize the District Attorney, or her designee, to execute any and all "Applications for Transfer of Federally Forfeited Property (Form DAG-71)," and other required documents, as appropriate, and designate a department employee to accept forfeited property, transfer documents, and/or receive funds.
REPORT
This program allows the District Attorney (DA) to receive a share of federally forfeited assets to be used according to the guidelines, which restrict the use of these assets. The DA and Governing Body Head (Chairman) must certify they have read and understand their obligations under the Equitable Sharing agreement, that the information submitted in conjunction with the document is an accurate accounting of funds received/spent by the DA under the Justice and/or Treasury Guidelines during the reporting period, and that the recipient Agency is in compliance with the National Code of Professional Conduct for Asset Forfeiture. The Department of Justice (DOJ) requires that state and local law enforcement agencies requesting an equitable share of proceeds complete and electronically submit an Application for Transfer of Federally Forfeited Property (Form DAG-71) within 45 days of a seizure. Action Item 3 authorizes the DA, or her designee, to execute a required certification on the Application for Transfer of Federally Forfeited...
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