Asset forfeiture is an important law enforcement tool to utilize in deterring criminal conduct by removing from criminals the instrumentalities and proceeds of their crimes. Asset Forfeiture for law enforcement will be discussed from a survey perspective as well as covering specific details to include statutory authority and historical framework. The course is designed to give officers new to asset forfeiture the basics while at the same time providing advanced techniques to the experienced officer and program management strategies and reporting requirements to command staff. Best practices will always be provided in an informational lecture, discussion and example driven learning environment.
This course will provide law enforcement officers and prosecutors an understanding of forfeiture law in Illinois and how to successfully incorporate the forfeiture component into criminal investigations and prosecutions. After reviewing applicable statutes, the course will cover practical implementation of those statutes through real world examples. Additionally, techniques for identifying, locating, and seizing assets will be discussed and incorporating these techniques into all investigations.
Topics Include:
- Statutory basis for forfeiture in Illinois based on Controlled Substances Act, Cannabis Act, Drug Asset Forfeiture Procedure Act, Money Laundering Act, Gang Act, Article 36, and other miscellaneous statutes.
- Proper use of asset forfeiture statutes.
- Currency, vehicles, personal property, and real property seizures.
- Locating and discovering hidden assets and co-conspirators.
- Putting together the forfeiture case along with the criminal case.
- Practical tips – from officers to officers (information sharing from previous classes).
- Utilizing Illinois Money Laundering statute in financial crimes and non-financial crimes
- Effective Grand Jury practice in narcotics, money laundering, and financial crimes cases.
- Using Article 36 to combat traffic offenses such as DUI, OWLS, and aggravated fleeing.
- Using Article 36 to combat sex crimes, domestic crimes, burglary, and retail theft.
- Search warrant execution – how to build an asset forfeiture case during a search warrant.
- Drafting seizure warrants – avoiding pitfalls and best practices
- Defeating defenses through proactive upfront investigation.
- Seizure through distribution – the step by step administrative process of a forfeiture case.
- The courtroom – forfeiture litigation issues including discovery, and pre-trial practice.
- Set up and administration of an effective forfeiture program.
- Administrative concerns including: manpower requirements, database management, document creation, statistics reporting, use of forfeited assets, inter-agency cooperation, costs to departments, dealing with county/city/village legislative bodies, budget concerns, liability issues.
- Special concerns of command staff
- Discussion forum to share information and ideas on implementation and expansion of forfeiture programs.
