Low bar to forfeit: Once the government seizes property, the owner must prove by preponderance of the evidence that it is not connected to a crime.
Poor protections for the innocent: Third-party owners must prove their own innocence to recover seized property.
Large profit incentive: 90% of forfeiture proceeds go to law enforcement.
Between 2000 and 2018, Rhode Island law enforcement agencies forfeited nearly $31 million under state law. Between 2000 and 2019, they generated an additional $240 million from federal equitable sharing, for a total of at least $271 million in forfeiture revenue. Rhode Island ranks 51st 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 $271 million in state and federal forfeiture revenue
2000–2019
Year | Rhode Island Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total | |
---|---|---|---|---|---|
2000 | $1,303,658 | $673,840 | $8000 | $1,985,498 | |
2001 | $2,187,259 | $321,372 | $673,000 | $3,181,631 | |
2002 | $2,527,312 | $549,664 | $45,000 | $3,121,976 | |
2003 | $2,201,591 | $755,538 | $12,000 | $2,969,129 | |
2004 | $1,183,755 | $1,527,027 | -$539,000 | $2,171,782 | |
2005 | $2,207,836 | $683,856 | $584,000 | $3,475,692 | |
2006 | $1,852,200 | $1,015,913 | $6,000 | $2,874,113 | |
2007 | $1,167,460 | $1,935,590 | $6,000 | $3,109,050 | |
2008 | $1,582,271 | $1,583,601 | $63,000 | $3,228,872 | |
2009 | $1,573,170 | $1,275,925 | $0 | $2,849,095 | |
2010 | $970,494 | $1,178,837 | $98,000 | $2,247,331 | |
2011 | $1,323,918 | $4,387,537 | $0 | $5,711,455 | |
2012 | $2,014,971 | $923,224 | $89,000 | $3,027,195 | |
2013 | $1,249,259 | $86,689,838 | $132,000 | $88,071,097 | |
2014 | $1,329,324 | $17,026,355 | $27,000 | $18,382,679 | |
2015 | $1,709,221 | $9,142,696 | $36,000 | $10,887,917 | |
2016 | $979,961 | $29,296,175 | $67,000 | $30,343,136 | |
2017 | $1,297,226 | $23,493,801 | $43,000 | $24,834,027 | |
2018 | $2,280,313 | $52,242,796 | $39,000 | $54,562,109 | |
2019 | Unavailable | $4,813,276 | $58,000 | $4,871,276 | |
Totals | $30,941,199 | $239,516,861 | $1,447,000 | $271,905,060 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Rhode Island does not report property-level data necessary to calculate median forfeiture value.
Rhode Island does not report the types of property forfeited.
Rhode Island does not report whether forfeitures are processed under civil or criminal forfeiture law.
Rhode Island does not report how forfeiture funds are spent.
Agency-level forfeiture data were obtained via public records requests to the Rhode Island Attorney General. The calendar-year figures purport to represent total value of forfeited 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: The government must show probable cause for the seizure, and the owner must show that the property is not forfeitable by a preponderance of the evidence.
21 R.I. Gen. Laws § 28-5.04.2(p).
Innocent owner burden: Owner.
21 R.I. Gen. Laws § 28-5.04.2(p).
Financial incentive: 90%.
21 R.I. Gen. Laws § 28-5.04(b)(3).