Somewhat higher bar to forfeit: Prosecutors must provide clear and convincing 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: Up to 100% of forfeiture proceeds go to law enforcement (at fiscal year end, 70% of any amount above $100,000 in the government’s forfeiture account goes to fund schools in the judicial district where property was seized).
Between 2016 and 2018, Nevada law enforcement agencies forfeited more than $12 million under state law. Between 2000 and 2019, they generated an additional $73 million from federal equitable sharing, for a total of at least $85 million in forfeiture revenue. Nevada ranks 30th 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 $85 million in state and federal forfeiture revenue
2000–2019
Year | Nevada Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | Unknown | $717,857 | $37,000 | $754,857 | |
2001 | Unknown | $1,208,744 | $128,000 | $1,336,744 | |
2002 | Unknown | $2,327,734 | $87,000 | $2,414,734 | |
2003 | Unknown | $1,414,098 | $338,000 | $1,752,098 | |
2004 | Unknown | $3,057,339 | $50,000 | $3,107,339 | |
2005 | Unknown | $958,577 | $103,000 | $1,061,577 | |
2006 | Unknown | $4,811,808 | $0 | $4,811,808 | |
2007 | Unknown | $3,171,097 | $155,000 | $3,326,097 | |
2008 | Unknown | $3,976,608 | $1,124,000 | $5,100,608 | |
2009 | Unknown | $2,376,957 | $338,000 | $2,714,957 | |
2010 | Unknown | $3,170,547 | $859,000 | $4,029,547 | |
2011 | Unknown | $3,791,926 | $124,000 | $3,915,926 | |
2012 | Unknown | $4,275,944 | $3,392,000 | $7,667,944 | |
2013 | Unknown | $3,390,984 | $229,000 | $3,619,984 | |
2014 | Unknown | $4,075,559 | $4,426,000 | $8,501,559 | |
2015 | Unknown | $3,239,387 | $1,128,000 | $4,367,387 | |
2016 | $4,293,189 | $1,549,061 | $248,000 | $6,090,250 | |
2017 | $3,132,242 | $7,434,604 | $2,163,000 | $12,729,846 | |
2018 | $4,901,149 | $1,577,182 | $403,000 | $6,881,331 | |
2019 | Unavailable | $1,648,106 | $109,000 | $1,757,106 | |
Totals | $12,326,580 | $58,174,119 | $15,441,000 | $85,941,699 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
From 2016 to 2018, half of Nevada’s currency forfeitures were worth less than $908.
From 2016 to 2018, 92% of Nevada’s forfeitures were of currency.
Nevada does not report whether forfeitures are processed under civil or criminal forfeiture law.
Nevada does not report how forfeiture funds are spent.
Property-level data were obtained via public records requests to the Nevada Attorney General. Fiscal-year figures represent seizing agencies’ gross revenues of currency and sold property and exclude transfers to other agencies. 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: Clear and convincing evidence.
Nev. Rev. Stat. § 179.1173(4).
Innocent owner burden: Owner.
Nev. Rev. Stat. § 179.1164(2).
Financial incentive: Up to 100%. However, if the government’s forfeiture account contains more than $100,000 at the end of a given fiscal year, 70% of the excess must be given to the school district in the judicial district where the property was seized.
Nev. Rev. Stat. § 179.1187.