YELLOW SHEET Office of the State Auditor of Missouri Claire McCaskill

February 28, 2003

Report No. 2003-19

As required by state law we compiled the 2002 Criminal Activity Forfeiture Act (CAFA) seizure reports submitted to the State Auditor by prosecuting attorneys and the Attorney General.  This compilation was limited to the presentation of information submitted. 

The State Auditor received a total of 110 (95%) of the 116 CAFA seizure reports, 97 of which were received prior to the January 31, 2003 deadline, from prosecuting attorneys and the Attorney General for property seized in calendar year 2002 as required by section 513.607, RSMo. Supp. 2002.  The implementation of Senate Bill 5 and 21 effective in 2001 significantly increased the compliance percentage of CAFA seizure reports submitted.  Prior to that legislation, CAFA seizure reports were submitted only to the Department of Public Safety and there was no penalty provision for failure to comply with the reporting requirements. 

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

A comparison of 2002 to 2001 report filings show the number of reported seizures increased by 2% and the dollar value of seizures reported increased by 40%.  While it appears a slight decrease in the percentage of forfeitures remitted to the state occurred; a significant increase occurred in the percentage of forfeitures transferred to a federal agency. 

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

A letter dated December 31, 2002 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. Supp. 2002, 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, 2003 statutory deadline to submit this report, only seizure reports received by February 25, 2003 are included in the compilation.

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