Somewhat higher bar to forfeit: In general, prosecutors must provide clear and convincing evidence that property is connected to a crime. A very weak conviction provision requires conviction of the owner, or owners when they are a married couple, when a family’s primary residence is at stake.
Limited protections for the innocent: Third-party owners must prove their own innocence to recover seized property, except in cases involving vehicles, real property or property related to drug transactions.
No profit incentive: All forfeiture proceeds go to the general fund of the state or local governing body.
Between 2007 and 2018, Maryland law enforcement agencies forfeited more than $4 million under state law. Between 2000 and 2019, they generated an additional $154 million from federal equitable sharing, for a total of at least $158 million in forfeiture revenue. Maryland ranks 32nd for its participation in the Department of Justice’s equitable sharing program. However, in 2016, the state prohibited federal forfeiture of locally seized property worth less than $50,000 for equitable sharing.
At least $158 million in state and federal forfeiture revenue
2000–2019
Year | Maryland Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | Unknown | $3,955,415 | $1,747,000 | $5,702,415 | |
2001 | Unknown | $3,063,429 | $191,000 | $3,254,429 | |
2002 | Unknown | $4,626,498 | $8000 | $4,634,498 | |
2003 | Unknown | $7,424,604 | $2,099,000 | $9,523,604 | |
2004 | Unknown | $6,159,725 | $513,000 | $6,672,725 | |
2005 | Unknown | $5,635,733 | $1,886,000 | $7,521,733 | |
2006 | Unknown | $6,384,843 | $1,777,000 | $8,161,843 | |
2007 | $226,557 | $8,216,398 | $1,570,000 | $10,012,955 | |
2008 | $611,094 | $8,052,287 | $5942,000 | $14,605,381 | |
2009 | $142,863 | $5,078,907 | $1,406,000 | $6,627,770 | |
2010 | $164,047 | $6,580,628 | $1,846,000 | $8,590,675 | |
2011 | $181,364 | $6,249,728 | $2,658,000 | $9,089,092 | |
2012 | $96,349 | $5,940,747 | $2,876,000 | $8,913,096 | |
2013 | $136,033 | $2,809,159 | $3,206,000 | $6,151,192 | |
2014 | $118,567 | $6,599,304 | $3,793,000 | $10,510,871 | |
2015 | $274,642 | $8,560,570 | $2,587,000 | $11,422,212 | |
2016 | $96,661 | $4,626,100 | $642,000 | $5,364,761 | |
2017 | $81,319 | $3,281,040 | $1,320,000 | $4,682,359 | |
2018 | $2,174,343 | $7,697,023 | $1,816,000 | $11,687,366 | |
2019 | Unavailable | $4,030,354 | $1,341,000 | $5,371,354 | |
Totals | $4,303,839 | $114,972,492 | $39,224,000 | $158,500,331 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation. Different state revenue sources for 2007–2017 and 2018.
In 2018, half of Maryland’s currency forfeitures were worth less than $911.
In 2018, 62% of Maryland’s forfeitures were of currency.
Maryland does not report whether forfeitures are processed under civil or criminal forfeiture law.
Maryland does not permit law enforcement agencies to spend forfeiture revenue.
Figures for 2007 through 2017 represent cash and proceeds from sales of property forfeited by the Maryland State Police and were obtained via public records request to MSP. Statewide property-level forfeiture data from 2018 are from the Governor’s Office of Crime Control and Prevention website. Figures represent values of forfeited property. All figures are in calendar years. 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: In general, clear and convincing evidence. Weak conviction provision requires conviction of an owner, but only for forfeitures of a principal family residence. When the owners of the residence are married, both spouses must be convicted. The provision can be waived if the owner fails to appear in court.
Md. Code Ann., Crim. Proc. §§ 12-103(d)(1), (d)(2), (e), 12-312(a–b).
Innocent owner burden: Depends on the property. Generally, the owner bears the burden of proof. But for vehicles, real property, and property intended for or traceable to drug transactions, the government must show that the property was used in violation of the law “with the owner’s actual knowledge.”
Md. Code Ann., Crim. Proc. §§ 12-102(a)(4), (11–12), 12-103, -312(b).
Financial incentive: No financial incentive.
Md. Code Ann., Crim. Proc. § 12-403(c)–(e).