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Equitable sharing

U.S. police practice in which state and federal police share revenue from asset forfeiture

Equitable sharing is a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities. The Comprehensive Crime Control Act of 1984 set up the arrangement in which state and local police can share the seizures with federal agents.{{cite web

The program was intended to improve law enforcement by financially incentivizing collaboration between federal agencies and state and local agencies. However, it has become controversial due to a perceived conflict of interest. With equitable sharing, in cases involving civil forfeiture, state police can "skirt state restrictions on the use of funds", according to New Yorker writer Sarah Stillman, meaning that local police can evade their state's rules against forfeitures or restricting use of forfeitures by bringing in federal officers.{{cite magazine

The Washington Post in 2014 analyzed 400 seizures in 17 states which were examples of Equitable sharing arrangements.{{cite news

Another 2014 report by The Washington Post found that $2.5 billion had been seized through this program since 2001 without search warrants or indictments. It further found that only a sixth of these seizures were legally challenged and the federal government responded to 41% of these challenges by returning the confiscated property.

In January 2015 U.S. Attorney General Eric Holder introduced new restrictions on state and local participation in the program, limiting federal adoptions of seized assets. In December 2015 the Department of Justice suspended some more of equitable sharing program due to budget cuts. Loopholes have allowed states to continue to use federal equitable sharing. In 2016 under U.S. Attorney General Loretta Lynch the program was reinstated after earlier budgetary issues were resolved.

References

"Federal Equitable Sharing".
(2011-10-04). "The Institute for Justice".
EMSHWILLER, JOHN R.. (August 22, 2011). "Douglas County, Neb., Reaps Millions in 'Equitable Sharing' Federal Asset-Forfeiture Program - WSJ.com". [[The Wall Street Journal]].
"Aggressive police take hundreds of millions of dollars from motorists not charged with crimes". The Washington Post.
(2015-01-16). "Attorney General Prohibits Federal Agency Adoptions of Assets Seized by State and Local Law Enforcement Agencies Except Where Needed to Protect Public Safety".
[https://www.washingtonpost.com/news/wonk/wp/2015/12/23/the-feds-just-shut-down-a-huge-program-that-lets-cops-take-your-stuff-and-keep-it The Justice Department just shut down a huge asset forfeiture program]. By Christopher Ingraham, December 23, 2015. ''[[The Washington Post]].''
[https://www.npr.org/2016/05/27/479764851/victims-of-civil-asset-forfeiture-criticize-new-federal-rules Victims Of Civil Asset Forfeiture Criticize New Federal Rules]. May 27, 2016. ''[[All Things Considered]].''
Ingraham, Christopher. (March 28, 2016). "The feds have resumed a controversial program that lets cops take stuff and keep it". The Washington Post.

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