Low bar to forfeit: Prosecutors must prove by preponderance of the evidence that property is connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: 100% of forfeiture proceeds go to law enforcement (up to a maximum of $3 million per year, 25% to police, 25% to prosecutors and 50% to the attorney general for law enforcement projects).
Between 2001 and 2018, Hawaii law enforcement agencies forfeited more than $20 million under state law. Between 2000 and 2019, they generated an additional $29 million from federal equitable sharing, for a total of at least $49 million in forfeiture revenue. Hawaii ranks 26th for its participation in the Department of Justice’s equitable sharing program. The state does not prevent state and local agencies from using equitable sharing to circumvent state forfeiture law.
At least $49 million in state and federal forfeiture revenue
2000–2019
Year | Hawaii Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | Unknown | $1,207,271 | $0 | $1,207,271 | |
2001 | $1,194,028 | $607,098 | $40,000 | $1,841,126 | |
2002 | $1,615,045 | $2,052,050 | $75,000 | $3,742,095 | |
2003 | $949,877 | $2,038,594 | $5000 | $2,993,471 | |
2004 | $1,657,156 | $1,802,294 | $4,000 | $3,463,450 | |
2005 | $1,062,252 | $1,657,680 | $188,000 | $2,907,932 | |
2006 | $1,493,599 | $3,345,770 | $496,000 | $5,335,369 | |
2007 | $1,405,284 | $2,808,610 | $184,000 | $4,397,894 | |
2008 | $1,473,667 | $1,626,211 | $67,000 | $3,166,878 | |
2009 | $1,405,284 | $1,032,842 | $22,000 | $2,460,126 | |
2010 | $1,797,875 | $635,942 | $798,000 | $3,231,817 | |
2011 | $661,619 | $515,903 | $237,000 | $1,414,522 | |
2012 | $535,811 | $590,432 | $12,000 | $1,138,243 | |
2013 | $868,376 | $870,766 | $92,000 | $1,831,142 | |
2014 | $807,366 | $1,086,796 | $37,000 | $1,931,162 | |
2015 | $1,420,388 | $1,714,754 | $24,000 | $3,159,142 | |
2016 | $700,863 | $505,825 | $174,000 | $1,380,688 | |
2017 | $470,561 | $1,957,524 | $130,000 | $2,558,085 | |
2018 | $639,641 | $203,629 | $30,000 | $873,270 | |
2019 | Unavailable | $60,507 | $58,000 | $118,507 | |
Totals | $20,158,692 | $26,320,498 | $2,673,000 | $49,152,190 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Hawaii does not report property-level data necessary to calculate median forfeiture value.
Hawaii property type data were not used for this report.
Hawaii does not report whether forfeitures are processed under civil or criminal forfeiture law.
From 2001 to 2018, the Hawaii Attorney General spent $6 million from forfeiture funds—56% on personnel, including salaries and overtime.
Figures are from annual reports obtained from the Hawaii AG’s website and represent fiscal-year forfeiture proceeds. Expenditures represent only the AG’s Criminal Forfeiture Fund, which receives half of all proceeds. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, state figures may not match aggregate numbers produced by the state or cover the same 12-month period as the federal data.
Standard of proof: Preponderance of the evidence.
Haw. Rev. Stat. § 712A-12(8).
Innocent owner burden: Owner.
Haw. Rev. Stat. § 712A-12(8).
Financial incentive: 100% (25% to police, 25% to prosecuting attorney, 50% to attorney general for various law enforcement projects) up to a maximum of $3 million per year.
Haw. Rev. Stat. § 712A-16(2)–(4).