Wisconsin

Grades 
Forfeiture
Law Grade
State Law Evasion Grade  Final
Grade
Wisconsin

 

Forfeiture Law
Wisconsin’s civil forfeiture laws are not as bad as other states.  In civil forfeiture proceedings, the government must establish beyond a reasonable doubt that property is related to a crime.  That is the highest standard and equivalent to what is needed for a criminal conviction.  Property owners do, however, bear the burden of proof for innocent owner claims.The financial incentives to seek forfeiture are not as strong in Wisconsin as in other states.  Up to 50 percent of the proceeds from the sale of forfeited property goes to law enforcement.  When the forfeited property is money, the amount flowing to police depends on the amount forfeited.  If the amount forfeited does not exceed $2,000, 70 percent of the money goes to law enforcement to pay forfeiture expenses.  If more than $2,000 is forfeited, law enforcement receives 50 percent.  Perhaps to circumvent these restrictions, Wisconsin actively participates in equitable sharing agreements, receiving more than $50 million in proceeds from 2000 to 2008.

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$2,960,576

$20,012

1997

$25,291,380

$41,516

2000

$3,282,532

$6,596

2003

$2,527,846

$4,527

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$2,147,686

FY 2001

  $2,394,245

FY 2002

$1,659,109

FY 2003

$2,230,539

FY 2004

$3,937,459

FY 2005

$3,577,032

FY 2006

$3,846,503

FY 2007

$5,347,813

FY 2008

$3,741,468

Total

  $28,881,854

Average per Year

$3,209,095

Freedom of Information Data
No Data Available; Not Required to Collect

 

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