Highest bar to forfeit: Nebraska has only criminal forfeiture.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: 50% of forfeiture proceeds go to law enforcement.
Between 2016 and 2018, Nebraska law enforcement agencies forfeited more than $7 million under state law. Between 2000 and 2019, they generated an additional $76 million from federal equitable sharing, for a total of at least $83 million in forfeiture revenue. Nebraska ranks 18th 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 $25,000 for equitable sharing.
At least $83 million in state and federal forfeiture revenue
2000–2019
Year | Nebraska Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | Unknown | $2,089,356 | $7,000 | $2,096,356 | |
2001 | Unknown | $1,536,488 | $22,000 | $1,558,488 | |
2002 | Unknown | $826,487 | $0 | $826,487 | |
2003 | Unknown | $3,949,404 | $687,000 | $4,636,404 | |
2004 | Unknown | $3,358,978 | $341,000 | $3,699,978 | |
2005 | Unknown | $2,284,353 | $20,000 | $2,304,353 | |
2006 | Unknown | $5,348,456 | $12,000 | $5,360,456 | |
2007 | Unknown | $4,087,991 | $55,000 | $4,142,991 | |
2008 | Unknown | $4,929,203 | $0 | $4,929,203 | |
2009 | Unknown | $6,472,205 | $17,000 | $6,489,205 | |
2010 | Unknown | $3,829,511 | $0 | $3,829,511 | |
2011 | Unknown | $4,510,690 | $56,000 | $4,566,690 | |
2012 | Unknown | $2,750,340 | $1,548,000 | $4,298,340 | |
2013 | Unknown | $2,662,935 | $150,000 | $2,812,935 | |
2014 | Unknown | $2,389,119 | $1,861,000 | $4,250,119 | |
2015 | Unknown | $1,788,035 | $3,238,000 | $5,026,035 | |
2016 | $854,988 | $1,532,866 | $1,721,000 | $4,108,854 | |
2017 | $2,687,352 | $1,522,233 | $605,000 | $4,814,585 | |
2018 | $3,992,148 | $3,055,843 | $1,699,000 | $8,746,991 | |
2019 | Unavailable | $2,224,424 | $2,936,000 | $5,160,424 | |
Totals | $7,534,488 | $61,148,917 | $14,975,000 | $83,658,405 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
From 2016 to 2018, half of Nebraska’s currency forfeitures were worth less than $996.
From 2016 to 2018, 44% of Nebraska’s forfeitures were of currency.
Nebraska processes all forfeitures under criminal law.
Nebraska does not report how forfeiture funds are spent.
Property-level data are from the Nebraska Auditor of Public Accounts website. Calendar-year figures represent value of forfeited currency and property forfeited and include retained and destroyed property. 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: Criminal forfeiture.
Neb. Rev. Stat. §§ 28-416(18), -431(6), -813.01(5), -1111, -1463.06; -1601; State v. Franco, 594 N.W.2d 633, 639–40 (Neb. 1999).
Innocent owner burden: Owner.
Neb. Rev. Stat. §§ 28-431(5)–(6), -1601(3).
Financial incentive: 50%.
Neb. Const. art. VII, § 5(2); Neb. Rev. Stat. § 28-1439.02.