Asset Forfeiture Report: Wisconsin

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Grades*	Forfeiture Law Grade	State Law Evasion Grade	Final Grade
Wisconsin

Forfeiture Law

Wisconsin’s civil forfeiture laws are not as bad as other states.  In civil forfeiture proceedings, the government must establish beyond a reasonable doubt that property is related to a crime.  That is the highest standard and equivalent to what is needed for a criminal conviction.  Property owners do, however, bear the burden of proof for innocent owner claims.    The financial incentives to seek forfeiture are not as strong in Wisconsin as in other states.  Up to 50 percent of the proceeds from the sale of forfeited property goes to law enforcement.  When the forfeited property is money, the amount flowing to police depends on the amount forfeited.  If the amount forfeited does not exceed $2,000, 70 percent of the money goes to law enforcement to pay forfeiture expenses.  If more than $2,000 is forfeited, law enforcement receives 50 percent.  Perhaps to circumvent these restrictions, Wisconsin actively participates in equitable sharing agreements, receiving more than $50 million in proceeds from 2000 to 2008.

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 $2,960,576 $20,012 1997 $25,291,380 $41,516 2000 $3,282,532 $6,596 2003 $2,527,846 $4,527

Equitable Sharing Proceeds from the Assets Forfeiture Fund (AFF)

Proceeds Returned to State FY 2000 $2,147,686 FY 2001   $2,394,245 FY 2002 $1,659,109 FY 2003 $2,230,539 FY 2004 $3,937,459 FY 2005 $3,577,032 FY 2006 $3,846,503 FY 2007 $5,347,813 FY 2008 $3,741,468 Total   $28,881,854 Average per Year $3,209,095

Freedom of Information Data

No Data Available; Not Required to Collect