YELLOW SHEET Office of the State Auditor of Missouri Claire McCaskill

Report No. 2005-12

February 2005

As required by state law the State Auditor's Office compiled the 2004 Criminal Activity Forfeiture Act (CAFA) seizure reports submitted to our office by prosecuting attorneys and the Attorney General.  This compilation was limited to the presentation of information submitted.

The State Auditor received a total of 107 (92%) of the 116 CAFA seizure reports, from prosecuting attorneys and the Attorney General for property seized in calendar year 2004 as required by Section 513.607, RSMo. Cum. Supp. 2004.  Ninety-five (82%) of the reports were received prior to the January 31, 2005 deadline. 

After receiving information from jurisdictions across the state, there is reason for some concern.  Even though the majority of jurisdictions actually filed reports with the State Auditor, some failed to report how they disposed of their seized property.

A comparison of 2004, 2003, 2002, and 2001 report filings show the number and dollar value of reported seizures being consistent except for 2002.   Increases in seizures in a small number of counties in 2002 had the most impact on the dollar value of seizures transferred to a federal agency.

To accomplish our objectives,  we compiled all seizure information submitted to the State Auditor for calendar year 2004 and reviewed the compiled information previously submitted for the calendar years 2003, 2002, and 2001 so that a comparison would be available.

A letter dated December 31, 2004 was mailed to prosecuting attorneys and the Attorney General, notifying them of the deadline for submission of the CAFA seizure and forfeiture reports.  This letter listed the information that should be included in their report according to Section 513.607 RSMo. Cum. Supp. 2004, and that the report should be submitted to both the State Auditor and to the Director of the Department of Public Safety.  The letter also indicated that if there were no seizures, a report was still needed indicating that information.

Due to the February 28, 2005 statutory deadline to submit this report, only seizure reports received by February 22, 2005 are included in the compilation.

Complete Audit Report