Office of the State Auditor of Missouri
February 27, 2004
Report No. 2004-14
As required by state law the State Auditor's Office compiled the 2003 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 104 (90%) of the 116 CAFA seizure reports, from prosecuting attorneys and the Attorney General for property seized in calendar year 2003 as required by section 513.607, RSMo. Cum. Supp. 2003.� Ninety-five (82%) of the reports were received prior to the January 31, 2004 deadline.� 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 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 2003, 2002, and 2001 report filings show the number and dollar value of reported seizures was greater in 2002.� This appears due to increases in seizures in just a small number of counties in 2002.� The result of this increased activity, appears to have 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 2003 and reviewed the compiled information previously submitted for the calendar years 2002 and� 2001 so that a comparison would be available.
A letter dated December 31, 2003 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. 2003, 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, 2004 statutory deadline to submit this report, only seizure reports received by February 17, 2004 are included in the compilation.
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