Accountability in Kansas Civil
Asset Seizures and Forfeitures:
Law Enforcement Reporting
Requirements
Nick Reinecker Opponent HB 2001
An act concerning the Kansas standard asset seizure and forfeiture act; relating to
reports; amending K.S.A. 2016 Supp. 60-4117 and repealing existing section
House Judiciary Chairman Rep. Blaine Finch
Jan 23 2017
Disclaimer
• The following definitions are not to be confused with accusations of
wrong-doing against the Law Enforcement Community, however, I
believe it lays the foundation for understanding the potential
unintended consequences of the public’s perception that pertains to
those charged with keeping the peace, when accountability is not
demanded by this body.
Definitions Per Simple Google Search
• Accountable
• required or expected to justify actions or decisions; responsible.
• "government must be accountable to its citizens“
• synonyms: responsible, liable, answerable; to blame
• "the government was held accountable for the food shortage"
• Racket
• Informal; an illegal or dishonest scheme for obtaining money.
• "a protection racket“
• synonyms: scheme, fraud, swindle; rip-off, shakedown "a gold-smuggling racket"
• a person's line of business or way of life. "I'm in the insurance racket
• Extortion
• the practice of obtaining something, especially money, through force or threats.
• synonyms: blackmail, shakedown
• “arrested on a charge of extortion"
Current Law Regarding Seized and Forfeited
Property
• The Kansas Standard Asset Seizure and Forfeiture Act (KSA 60-4101 et
seq.)
• KSA 60-4117 (d)(2) If the law enforcement agency is a city or county
agency, the entire amount shall be deposited in such city or county
treasury and credited to a special law enforcement trust fund.
Legislative Post Audit Report
July 2016
• Kansas’s property seizure and forfeiture processes include no
requirements for conviction to seize real and personal property
including cash, guns, vehicles, land, and contraband and are based on
probable cause that the property was used in an offense
• Individual agencies keep most forfeiture proceeds and decide how to spend
them
• All states and federal government require agencies to report on forfeiture
• Some states require centralized reporting and noncompliance penalization
• 2016 Ks Legislature
• HB 2638; criminal conviction, depository changes for state and local
• HB 2699: local LEA depository changes
Legislative Post Audit July 2016
• 31 sections of covered offenses and conduct giving rise to forfeiture
under KSA 60-4104
• LPA finding: Most seizures result from drug offenses; section (b)
• Automatic Forfeiture of CS; No forfeiture claim or settlement agreement
• LEA owns property which can be kept, transferred, sold or destroyed
• No evaluation of processes surrounding the actual seizure itself
• Did not determine if officers reported all seized property
• Did not determine if officers had sufficient probable cause
Legislative Post Audit Report Cont. July 2016
• Findings concerning the processes for the reporting of seized and
forfeited property pursuant to K.S.A. 60-4117
• None of the four local Law Enforcement Agencies prepared an annual report
• Similar findings in a 2000 audit
• 8 of 103 local law enforcement agencies appeared to submit a report
• Kansas does not require centralized reporting and there are no
penalties for reporting noncompliance
Necessity for Accountability
Other findings of the Legislative Post Audit suggest the need for reporting
requirements and penalties for noncompliance
1. None of the Law Enforcement Agencies had complete and written
policies and procedures for seized and forfeited property
a. Weak or missing controls with the inherent risks
associated with drug-buy money.
2. Large amounts of cash kept in potentially unsecure locations
3. Unused money not routinely returned
4. Unknown dependence for use as Normal Operating Expenses
5. Co-mingled monies; forfeiture and drug tax proceeds KSA 79-5201
et seq.
In Conclusion
• The public’s trust is an invaluable tool to Kansas Peace Officers to facilitate public
safety, crime prevention and crime fighting
• It is imperative that there is no allowance for public perception of Law
Enforcement to be considered unaccountable in the actions they take regarding
civil asset forfeiture
• Reporting requirements must be kept, enhanced and enforced to better serve
and protect the citizens of Kansas
• Do not pass HB 2001
• Introduce legislation to require and enforce a more centralized reporting
structure
Any Questions?
Thank You
• Nick Reinecker
• [email protected]