Asset Forfeiture Report: Massachusetts


 


 
Grades*
Forfeiture
Law Grade

State Law Evasion Grade

 Final
Grade
Massachusetts

 

Forfeiture Law
Massachusetts has a terrible civil forfeiture regime.  Under Massachusetts civil forfeiture law, law enforcement need only show probable cause that your property was related to a crime to forfeit it.  You are then in effect guilty until proven innocent, as you must shoulder the burden of proving that the property was not forfeitable or that you did not know and should not have known about the conduct giving rise to the forfeiture.  Further, law enforcement keeps 100 percent of all forfeited property.  The receipts are split: half to the prosecutor’s office and half to the local or state police.  Massachusetts is required to collect forfeiture data, but in response to requests, the state provided data only for 2000 to 2003.



Press Releases and News

State Press Release

 

From the Report: Canine Sniffs Yield Unreliable Evidence for Forfeiture
 
   
   
     



 
 


 

 

Forfeitures as Reported to LEMAS (Drug-related only)

 

Total Assets
Forfeited

Assets Forfeited per
Law Enforcement Agency

1993

$7,037,778

$51,909

1997

$30,557,661

$100,927

2000

$3,846,418

$12,722

2003

$5,018,063

$18,293

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$2,849,444

FY 2001

$2,416,212

FY 2002

$2,614,071

FY 2003

$2,012,439

FY 2004

$4,354,656

FY 2005

$4,563,453

FY 2006

$2,527,410

FY 2007

$3,921,974

FY 2008

$5,249,599

Total

$30,509,258

Average per Year

$3,389,918

 

Freedom of Information Data

Reports of forfeitures by district attorneys offices

Year

Forfeitures

2000

$3,337,462

2001

$5,255,308

2002

$4,153,936

2003

$4,048,912

Total

$16,795,619



*Learn how states were graded and how data was collected

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