Asset Forfeiture Report: Ohio


 


 
Grades*
Forfeiture
Law Grade

State Law Evasion Grade

 Final
Grade
Ohio

 

Forfeiture Law

Ohio’s protections against civil forfeiture abuse are mixed.  In forfeiture proceedings, the government must prove the property is related to a crime and thus subject to forfeiture by clear and convincing evidence, a higher standard than most states but still less than the beyond a reasonable doubt standard required for a criminal conviction.[1]  A property owner who wishes to argue his innocence has the burden of doing so.[2]  But most importantly, none of the proceeds from civil forfeiture go to law enforcement.  Unfortunately for Ohio property owners, though, even though state law is rather protective, law enforcement officials participate extensively in equitable sharing, receiving more than $80 million from 2000 to2008.



1 O. R. C. § 2981.05(D).
2 O. R.C. § 2981.09(A).



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

$9,496,783

$25,791

1997

$31,912,267

$40,872

2000

$11,093,755

$15,106

2003

$10,540,139

$12,981

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$4,075,942

FY 2001

$6,064,363

FY 2002

$9,015,890

FY 2003

$9,579,065

FY 2004

$8,475,627

FY 2005

$6,782,028

FY 2006

$12,798,625

FY 2007

$13,907,440

FY 2008

$12,405,013

Total

$83,103,993

Average per Year

$9,233,777

 

Freedom of Information Data
No Data Available; Required to Collect, But Did Not Respond to Request


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