Asset Forfeiture Report: Oklahoma


 


 
Grades*
Forfeiture
Law Grade

State Law Evasion Grade

 Final
Grade
Oklahoma

 

Forfeiture Law

Oklahoma has terrible civil forfeiture laws, and its statutes give law enforcement significant financial incentives to seize property.  To forfeit property in civil proceedings, the government typically must show that property is related to a crime and subject to forfeiture by a preponderance of the evidence.  In all civil forfeitures in Oklahoma, owners are presumed guilty and must contest forfeiture by proving they did not know property was being used illegally.  Worse, law enforcement receives 100 percent of the proceeds from civil forfeiture. 

When assets are seized by the Oklahoma Bureau of Narcotics and Dangerous Drugs Control, the Bureau can agree to share the proceeds with other law enforcement agencies.  There are some limits on the amount of forfeited funds the Bureau can spend, but the cap was raised substantially in 2007.  Previously, the Bureau needed to seek permission of the legislature to spend more than $900,000 of forfeited funds.  Since 2007, that cap is $2,000,000.[1]  Oklahoma law enforcement officials have used civil forfeiture laws aggressively, averaging more than $5.5 million per year in forfeiture proceeds between 2000 and 2007.
 


1 63 Ok. St. 2-503(F)(2).



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

$3,321,841

$22,833

1997

$13,403,508

$26,122

2000

$3,495,123

$8,388

2003

$11,154,378

$27,525

 

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

 

Proceeds Returned to State

FY 2000

$1,384,903

FY 2001

$729,415

FY 2002

$5,754,965

FY 2003

$6,418,639

FY 2004

$5,630,156

FY 2005

$7,158,850

FY 2006

$6,569,517

FY 2007

$6,189,501

FY 2008

$2,579,483

Total

$42,415,429

Average per Year

$4,712,825

 

Freedom of Information Data

Reports of forfeitures by district; types and number of law enforcement agencies unclear

 

Currency

Non-currency

Total

FY 2000

$3,428,322

$50,820

$3,479,142

FY 2001

$3,807,605

$846,641

$4,654,246

FY 2002

$3,924,541

$649,651

$4,574,192

FY 2003

$6,520,748

$778,361

$7,299,109

FY 2004

$5,887,904

$890,421

$6,778,325

FY 2005

$5,236,443

$686,191

$5,922,634

FY 2006

$5,378,123

$704,801

$6,082,924

FY 2007

$5,648,549

$693,629

$6,342,178

Total

$39,832,234

$5,300,516

$45,132,750

Average per Year

$4,979,029

$662,564

$5,641,594



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