An exploratory analysis of the use and impact of federal asset forfeiture

One of the most unique drug trafficking control techniques currently in use by the federal government is asset forfeiture. The forfeiture laws give the federal government the authority to seize property used to facilitate drug trafficking and/or that representing the proceeds of drug trafficking. They are used by the federal government specifically to disable narcotics enterprises. However, the value of the federal forfeiture program as a drug trafficking control tool is currently in doubt.;This research represents the first major study of this program with two main objectives: to initially examine the history and development of the forfeiture program, then explore its impact on the drug trade by focusing on individual case characteristics. For the analysis, this study uses a cross-sectional data set consisting of over 6000 individual asset seizure cases from the Northern District of Illinois, the Eastern District of Michigan, the Southern District of Florida and the Southern District of California. The use of forfeiture is analyzed overall and then by individual federal judicial district focusing on regional variation. The results indicate that the most commonly seized assets may have only a limited effect on the ability of drug traffickers to conduct their operations. Furthermore, the extensive use of in-rem forfeiture proceedings and economic inefficiencies may also detract from the effectiveness of the program.