Lowest bar to forfeit: The government must only show probable cause 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: Up to 100% of forfeiture proceeds go to law enforcement.
Between 2000 and 2018, Massachusetts law enforcement agencies forfeited nearly $182 million under state law. Between 2000 and 2019, they generated an additional $145 million from federal equitable sharing, for a total of at least $327 million in forfeiture revenue. Massachusetts ranks 48th 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 $327 million in state and federal forfeiture revenue
2000–2019
Year | Massachusetts Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | $5,614,705 | $2,849,444 | $55,000 | $8,519,149 | |
2001 | $7,322,901 | $2,416,212 | $603,000 | $10,342,113 | |
2002 | $7,300,236 | $2,614,071 | $234,000 | $10,148,307 | |
2003 | $7,592,214 | $2,012,439 | $850,000 | $10,454,653 | |
2004 | $10,092,662 | $4,354,656 | $1,223,000 | $15,670,318 | |
2005 | $8,803,347 | $4,563,453 | $663,000 | $14,029,800 | |
2006 | $8,384,547 | $2,527,410 | $241,000 | $11,152,957 | |
2007 | $9,264,064 | $3,921,974 | $814,000 | $14,000,038 | |
2008 | $11,080,483 | $5,249,599 | $1,166,000 | $17,496,082 | |
2009 | $13,212,877 | $2,710,133 | $832,000 | $16,755,010 | |
2010 | $11,333,307 | $2,375,152 | $3,059,000 | $16,767,459 | |
2011 | $10,440,564 | $13,737,792 | $981,000 | $25,159,356 | |
2012 | $9,707,228 | $10,772,062 | $882,000 | $21,361,290 | |
2013 | $10,226,543 | $4,237,214 | $1,193,000 | $15,656,757 | |
2014 | $9,911,783 | $7,719,173 | $2,721,000 | $20,351,956 | |
2015 | $10,685,869 | $6,209,584 | $2,016,000 | $18,911,453 | |
2016 | $10,756,495 | $11,199,115 | $938,000 | $22,893,610 | |
2017 | $8,031,978 | $4,610,382 | $2,023,000 | $14,665,360 | |
2018 | $12,040,200 | $24,381,540 | $341,000 | $36,762,740 | |
2019 | Unavailable | $4,985,364 | $1,002,000 | $5,987,364 | |
Totals | $181,802,003 | $123,446,769 | $21,837,000 | $327,085,772 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Massachusetts does not report property-level data necessary to calculate median forfeiture value.
Massachusetts does not report the types of property forfeited
Massachusetts does not report whether forfeitures are processed under civil or criminal forfeiture law.
In 2018, the Massachusetts Attorney General and district attorneys spent $3 million from forfeiture funds—53% on other expenses, mostly interagency transfers.
Forfeiture revenues were obtained from the Massachusetts Comptroller’s online spending dataset and via public records request to the Comptroller. Figures presented are calculated estimates of statewide forfeiture revenues based on fiscal-year deposits to the Massachusetts AG’s and each DA’s special forfeiture trust fund, which, by law, receive half of all forfeiture revenues. Expenditure records for calendar-year 2018 were obtained via public records requests to the AG and each DA and represent only expenses for those offices. 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: Probable cause.
Mass. Gen. Laws ch. 94C, § 47(d); Commonwealth v. One 2004 Audi Sedan Auto., 921 N.E.2d 85, 88–90, 92 (Mass. 2010).
Innocent owner burden: Owner.
Mass. Gen. Laws ch. 94C, § 47(d).
Financial incentive: Up to 100%.
Mass. Gen. Laws ch. 94C, § 47(d).