Assets Forfeiture Reporting Program

Asset forfeiture is the confiscation of assets which are either the proceeds of crime or the instrumentalities of crime. Chapter 655 of the Laws of 1990 significantly amended the existing forfeiture provisions of Article 13-A of the Civil Practice Laws and Rules (CPLR) and enacted new criminal forfeiture provisions for felony controlled substances offenses in Article 480 of the Penal Law. Certain amendments to CPLR Article 13-A required claiming agents and claiming authorities to provide information to the Division of Criminal Justice Services (DCJS) and to report the disposal of assets and collection of assets to DCJS as well as the New York State Office of Victim Services (formerly Crime Victims Board) and the Office of Alcoholism and Substance Abuse Services. Further, Section 837-a(6) was added to the Executive Law requiring DCJS to report annually to the Governor and the Legislature on the disposal of property forfeited pursuant to the provisions of CPLR Article 13-A and Penal Law Article 480. Among important changes effected by this law is the requirement that certain aspects of Federal and State forfeiture actions be reported. The reporting provisions added in 1990 were designed to allow for the development of statistical data to evaluate the effectiveness of forfeiture as a law enforcement tool.