United States
Forfeiture and Money Laundering
A number of federal statutes contain forfeiture provisions for which the Postal Inspection Service has jurisdiction when the violation involves the use of the mails. These include child pornography, narcotics trafficking, money laundering, the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) and the Racketeering Influenced Corrupt Organization Act (RICO).
Congress recognizes that although forfeiture is an excellent deterrent to crime, the potential for its misuse does exist. Accordingly, Congress continues to create legal safeguards to protect the American public.
The occasional improper application of forfeiture has also been recognized in a number of recent court decisions and in the media. In response to these concerns, the Postal Inspection Service has intensified its forfeiture training efforts to place special emphasis on protecting the rights of innocent owners. Furthermore, in an effort to ensure due process, forfeiture personnel conduct a careful review of all facts and circumstances surrounding each seizure intended for administrative forfeiture.
Individuals assigned to support the Postal Inspection Service's Forfeiture Program meet regularly to ensure that our policies and procedures remain consistent with those of the Department of Justice. They are kept abreast of recent legal decisions, policy changes and other forfeiture-related issues through training seminars, publications and directives. Moreover, through a comprehensive quality review program, we monitor and enforce strict compliance with established procedures and see that they are applied uniformly nationwide.
The benefits of forfeiture are significant. Not only does it deprive criminals of their ill-gotten gains, it converts those assets into much needed resources to fight criminal activity and restores property to its rightful owners. During this reporting period, forfeiture funds paid for the acquisition of national commercial data base information services which have greatly enhanced the ability of forfeiture specialists and Postal Inspectors to trace assets of those involved in criminal activity.
Through the Postal Inspection Service's active participation in the Department of Justice's Equitable Sharing Program, we have shared $807,737 in forfeited assets with local and federal law enforcement agencies during this reporting period. Funds and property shared through the program provide for law enforcement training, facilities and equipment which may otherwise not have been available, particularly at the local level, due to budget constraints. The interagency cooperation and leveraging of resources fostered through this program are an invaluable resource to communities across the nation.
During this reporting period, the Postal Inspection Service made 181 seizures and secured 198 forfeitures.