FY 2004 Department of Justice Annual Financial Statements

Notes to the Principal Financial Statements - Unaudited
(Dollars in Thousands)

Note 1.  Summary of Significant Accounting Policies

A.         Reporting Entity                            

The Department has a wide range of responsibilities which include: detecting, apprehending, prosecuting, and incarcerating criminal offenders; operating Federal prison factories; upholding the civil rights of all Americans; enforcing laws to protect the environment; ensuring healthy competition of business in the United States’ free enterprise system; safeguarding the consumer from fraudulent activity; carrying out the immigration laws of the United States; and representing the American people in all legal matters involving the United States Government.  Under the direction of the Attorney General, these responsibilities are discharged by the components of the Department.

For purposes of these consolidated/combined financial statements, the following components comprise the Department’s reporting entity:

Transferred to Department of Homeland Security pursuant to the Homeland Security Act of 2002 effective March 1, 2003:

B.            Basis of Presentation

These financial statements have been prepared to report the financial position and results of operations of the Department as required by the Government Management Reform Act of 1994, Public Law 103-356, 108, Stat. 3515.  These financial statements have been prepared from the books and records of the Department in accordance with accounting principles generally accepted in the United States of America issued by the Federal Accounting Standards Advisory Board (FASAB) and presentation guidelines in the Office of Management and Budget (OMB) Bulletin 01-09, “Form and Content of Agency Financial Statements.”  These financial statements are different from the financial reports prepared pursuant to OMB directives which are used to monitor and control the use of the Department’s budgetary resources.  The accompanying financial statements include the accounts of all funds under the Department’s control.

FPI, a reporting component of the Department of Justice, operates as a government corporation and does not receive annual appropriations.  The budgetary accounting data is presented to best represent the budget activity of FPI based solely on proprietary accounting data.

C.           Basis of Consolidation

The consolidated/combined financial statements of the Department include the accounts of the AFF/SADF, WCF, OBDs, USMS, OJP, DEA, FBI, ATF, INS, BOP, and FPI.  All significant proprietary intra-entity transactions and balances have been eliminated in consolidation.  The Statements of Budgetary Resources and Statements of Custodial Activity are combined statements for FYs 2004 and 2003, and as such, intra-entity transactions have not been eliminated.  For FY 2003, the ATF and INS are only presented for approximately eight and five months, respectively.

D.          Basis of Accounting

Transactions are recorded on an accrual and a budgetary basis of accounting.  Under the accrual basis, revenues are recorded when earned and expenses are recorded when incurred, regardless of when cash is exchanged.  Under the budgetary basis, however, funds availability is recorded based upon legal considerations and constraints.  As a result, similar line items on the proprietary financial statements, budgetary financial statements, and notes may not equal.  Examples include, but are not limited to, the following:

Custodial activity reported on the Statement of Custodial Activity is prepared on the modified cash basis.  For example, Civil and Criminal Debt Collections are recorded when the Department receives payment from debtors to the Federal Government.

The financial statements should be read with the realization that they are for a component of the United States Government, a sovereign entity.  One implication of this is that liabilities cannot be liquidated without legislation that provides resources and legal authority to do so.

E.         Revenues and Other Financing Sources

The Department receives the majority of funding needed to support its programs through Congressional appropriations.  The Department receives annual, no-year, and multi-year appropriations that may be used, within statutory limits, for operating and capital expenditures.  Additional funding is obtained through exchange revenues, nonexchange revenues and transfers-in.

Appropriations are recognized as budgetary financing sources at the time the related program or administrative expenses are incurred.  Exchange revenues are recognized when earned, for example, when goods have been delivered or services rendered.  Nonexchange revenues are resources that the Government demands or receives, for example, forfeiture revenue and fines and penalties.

The Department’s exchange revenue consists of the following activities: licensing fees to manufacture and distribute controlled substances; services rendered for legal activities; space management; data processing services; sale of merchandise and telephone services to inmates; sale of manufactured goods and services to other federal agencies; fees for inspecting commercial and/or sea vessel passengers; processing various immigration applications; and other services.  Fees are set by law and are periodically evaluated in accordance with OMB guidance.  The pricing policy for FPI goods and services provided is based on cost plus a predetermined gross margin ratio.

The Department’s nonexchange revenue consists of forfeiture income resulting from the sale of forfeited property, penalties in lieu of forfeiture, recovery of returned asset management cost, judgment collections, and other miscellaneous income.  Other nonexchange revenue includes the OJP Crime Victims Fund receipts, ATF taxes and fees from firearms and ammunition industries, and AFF/SADF interest on investments with the Department of the Treasury (Treasury).

The Department’s deferred revenue includes fees received for processing various applications and licenses with DEA.  Deferred revenue represents monies received to process applications and licenses for which the process was not completed at the end of fiscal year or monies received for licenses that are valid for multiple years.  These monies are recorded as liabilities in the financial statements. Deferred revenue also includes forfeited property held for sale.  When the property is sold, the deferred revenue is reversed and forfeiture revenue in the amount of the gross proceeds of the sale is recorded.

F.         Fund Balance with the US Treasury and Cash

Funds with the Treasury represent primarily appropriated, revolving, and trust funds available to pay current liabilities and finance future authorized purchases.  The Treasury as directed by authorized certifying officers processes cash receipts and disbursements. The Department does not, for the most part, maintain cash in commercial bank accounts.  Certain receipts, however, are processed by commercial banks for deposit into individual accounts maintained at the Treasury.   The Department’s cash and other monetary assets consist of undeposited collections, imprest funds, cash used in undercover operations, cash held as evidence, and seized cash.

G.         Investments

Investments are Federal debt securities issued by the Bureau of Public Debt.  When securities are purchased, the investment is recorded at face value (the value at maturity).  Premiums and/or discounts are amortized through the end of the reporting period.  The Department’s intent is to hold investments to maturity, unless securities are needed to sustain operations.  No provision is made for unrealized gains or losses on these securities because, in the majority of cases, they are held to maturity.

H.         Accounts Receivable

Net accounts receivable includes reimbursement and refund receivables due from Federal agencies and others, less the allowance for doubtful accounts.  Generally, most intragovernmental accounts receivable are considered fully collectible.  The allowance for doubtful accounts for public receivables is estimated based on past collection experience and analysis of outstanding receivable balances at year end.

I.       Inventory and Related Property

Inventories consist of new and rehabilitated office furniture, equipment and supplies used for the repair of airplanes, administrative supplies and materials, commission sales to inmates (sundry items), metals, plastics, electronics, graphics, and optics.

The value of new stock is determined on the basis of acquisition cost, whereas, the value of rehabilitated stock is determined on the basis of rehabilitation and transportation costs. Inventory on hand at year end is reported at the lower of original cost (using the first-in, first-out method) or current market value.  Recorded values of inventories are adjusted for the results of physical inventories conducted throughout and at the close of the fiscal year.

An allowance for inventory valuation and obsolescence is recorded for anticipated inventory losses of contracts where the current estimated cost to manufacture the item exceeds the total sales price, as well as estimated losses for inventories that may not be utilized in the future.

J.         General Property, Plant and Equipment

Real property, except for land, and leasehold improvements are capitalized when the cost of acquiring and/or improving the asset is $100 or more and the asset has a useful life of two or more years.  Land is capitalized regardless of the acquisition cost.  Real property is depreciated, based on historical cost, using the straight-line method over the estimated useful lives of the assets.

Except for BOP and FPI, Department acquisitions of personal property, excluding internal use software, $25 and over are capitalized if the asset has an estimated useful life of two or more years.  Personal property is depreciated, based on historical cost, using the straight-line method over the estimated useful lives of the assets.  BOP and FPI capitalize personal property acquisitions over $5.

Internal use software is capitalized when developmental phase costs or enhancement costs are $500 or more and the asset has an estimated useful life of two or more years.  Aircraft are capitalized when the initial cost of acquiring those assets is $100 or more.

K.         Advances and Prepayments

Advances and prepayments, classified as assets on the balance sheet, consist primarily of funds disbursed to grantees in excess of total expenditures made by those grantees to third parties, funds advanced to state and local participants in the DEA Domestic Cannabis Eradication and Suppression Program, and travel advances issued to Federal employees for official travel.  Travel advances are limited to meals and incidental expenses expected to be incurred by the employees during official travel.  Payments in advance of the receipt of goods and services are recorded as prepaid charges at the time of payment and are recognized as expenses when the goods and services are received.

L.         Forfeited and Seized Property

Forfeited property is property for which the title has passed to the US Government.  This property is recorded at the estimated fair market value at the time of forfeiture.  The value of the property is reduced by the estimated liens of record.

Property is seized in consequence of a violation of public law.  Seized property can include monetary instruments, real property, and tangible personal property of others in the actual or constructive possession of the custodial agency.  Most non-cash property is held by the USMS from the point of seizure until its disposition.  This property is recorded at the estimated fair market value at the time of seizure.

M.        Non-Entity Assets

Non-entity assets are not available for use by the Department and consist of restricted undisbursed civil and criminal debt collections, cash bonds, and seized cash and other monetary assets.

N.         Liabilities, Loans and Interest Payable to the US Treasury

Liabilities represent the monies or other resources that are likely to be paid by the Department as the result of a transaction or event that has already occurred.  However, no liability can be paid by the Department absent proper budget authority.  Liabilities that are not funded by the current year appropriation are classified as liabilities not covered by budgetary resources in Note 15.

Congress granted the FPI borrowing authority pursuant to Public Law 100-690.  Under this authority, the FPI borrowed $20,000 from the Treasury with a lump-sum maturity date of September 30, 2008. 

O.        Contingencies and Commitments

The Department is involved in various legal actions, including administrative proceedings, lawsuits, and claims.  A liability is generally recognized as an unfunded liability for those legal actions where unfavorable decisions are considered “probable” and an estimate for the liability can be made.  Contingent liabilities that are considered “possible” are disclosed in the notes to the financial statements.  Liabilities that are considered “remote” are not recognized in the financial statements or disclosed in the notes to the financial statements.

P.         Annual, Sick and Other Leave

Annual and compensatory leave is expensed with an offsetting liability as it is earned and the liability is reduced as leave is taken.  Each year, the balance in the accrued annual leave liability account is adjusted to reflect current pay rates.  To the extent current or prior year appropriations are not available to fund annual and compensatory leave earned but not taken, funding will be obtained from future financing sources.  Sick leave and other types of nonvested leave are expensed as taken.

Q.        Interest on Late Payments

Pursuant to the Prompt Payment Act, 31 U.S.C. § 3901‑3907, Department of Justice pays interest on payments for goods or services made to business concerns after the due date.  The due date is generally 30 days after receipt of a proper invoice or acceptance of the goods or services, whichever is later.

R.         Retirement Plan

With few exceptions, employees hired before January 1, 1984, are covered by the Civil Service Retirement System (CSRS) and employees hired after that date are covered by the Federal Employees Retirement System (FERS).  For employees covered by CSRS, the Department contributes 7% of the employees’ gross pay for regular and 7.5% for law enforcement officers retirement.  For employees covered by FERS, the Department contributes 10.7% of employees’ gross pay for regular and 22.7% for law enforcement officers retirement.  All employees are eligible to contribute to the Federal Thrift Savings Plan (TSP).  For those employees covered by the FERS, a TSP account is automatically established, and the Department is required to contribute an additional 1% of gross pay to this plan and match employee contributions up to 4%.  No matching contributions are made to the TSPs accounts established by the CSRS employees.  The Department does not report CSRS or FERS assets, accumulated plan benefits, or unfunded liabilities, if any, which may be applicable to its employees.  Such reporting is the responsibility of the Office of Personnel Management (OPM).  Statement of Federal Financial Accounting Standards (SFFAS) No. 5, “Accounting for Liabilities of the Federal Government,” requires employing agencies to recognize the cost of pensions and other retirement benefits during their employees’ active years of service.  Refer to Note 18—Imputed Financing Sources for additional details.

S.         Federal Employee Compensation Benefits

The Federal Employees Compensation Act (FECA) provides income and medical cost protection to covered Federal civilian employees injured on the job, employees who have incurred a work‑related occupational disease, and beneficiaries of employees whose death is attributable to a job‑related injury or occupational disease. The total FECA liability consists of an actuarial and an accrued portion as discussed below.

Actuarial Liability:  The US Department of Labor (DOL) calculates the liability of the Federal Government for future compensation benefits, which includes the expected liability for death, disability, medical, and other approved costs.  The liability is determined using the paid‑losses extrapolation method calculated over the next 37‑year period.  This method utilizes historical benefit payment patterns related to a specific incurred period to predict the ultimate payments related to that period.  The projected annual benefit payments were discounted to present value.  The resulting Federal Government liability was then distributed by agency.  The Department portion of this liability includes the estimated future cost of death benefits, workers' compensation, medical, and miscellaneous cost for approved compensation cases for the Department employees.  The Department liability is further allocated to component reporting entities on the basis of actual payments made to the FECA Special Benefits Fund (SBF) for the three prior years as compared to the total Department payments made over the same period.

The FECA actuarial liability is recorded for reporting purposes only.  This liability constitutes an extended future estimate of cost, which will not be obligated against budgetary resources until the fiscal year in which the cost is actually billed to the Department.  The cost associated with this liability cannot be met by the Department without further appropriation action.

Accrued Liability:  The accrued FECA liability is the amount owed to the DOL for the benefits paid from the FECA SBF.

T.         Use of Estimates

The preparation of financial statements requires management to make certain estimates and assumptions that affect the reported amounts of assets and liabilities and the reported amounts of revenue and expenses during the reporting period.  Actual results could differ from those estimates.

Note 2.  Fund Balance with US Treasury

The Fund Balance with Treasury amount reported in the financial statements represents the unexpended balance on the Department’s books for the entire Department’s Treasury Symbols:

  2004 2003
Fund Balances:    
Trust Funds $525,556 $737,850
Revolving Funds 431,884 500,920
Appropriated Funds 12,216,446 13,731,865
Other Fund Types 3,124,046 3,124,083
Total Fund Balance with Treasury $16,297,932 $18,094,718
Status of Fund Balances:    
Unobligated Balance - Available $2,197,018 $2,704,766
Unobligated Balance - Unavailable 507,554 536,326
Obligated Balance not yet Disbursed 12,178,587 13,459,216
Other Funds (With)/Without Budgetary Resources 1,414,773 1,394,410
Total Status of Fund Balances $16,297,932 $18,094,718

The unobligated balance for annual and multi-year budget authority may be used to incur new obligations for the purpose specified by the appropriation act.  Annual and multi-year budget authority expires at the end of its period of availability.  During the first through the fifth expired years, the unobligated balance becomes unavailable and may be used to adjust obligations and disbursements that were recorded before the budgetary authority expired or to meet a legitimate or bona fide need arising in the fiscal year for which the appropriation was made.  The unobligated balance for no-year budget authority may be used to incur obligations indefinitely for the purpose specified by the appropriation act.  No-year budget authority unobligated balances are still subject to the annual apportionment and allotment process.

Other Funds (With)/Without Budgetary Resources primarily represents the net difference of 1) Investments in short-term securities with budgetary resources, 2) Resources temporary not available pursuant to public law,    3) Custodial liabilities, and 4) Miscellaneous receipts.

Note 3.  Cash, Foreign Currency, and Monetary Assets

  2004 2003
Cash:    
Undeposited Collections $3,226 $20,267
Imprest Funds 8,096 10,447
Seized Cash Deposited 31,550 51,115
Other Cash 1,105 2,272
Total Cash 43,977 84,101
Foreign Currency 330 207
Monetary Assets:    
Seized Monetary Instruments 60,465 49,849
Other Monetary Assets 2,782 2,286
Total Monetary Assets 63,247 52,135
Total Cash, Foreign Currency, and Monetary Assets $107,554 $136,443
     

Note 4.  Investments, Net

  Face
Value
Unamortized Investments
Net
Market
Value
Premium Discount
As of September 30, 2004:
 Intragovernmental
         
Non-Marketable Federal Securities:          
Market Based $1,508,171 $75 $(1,623) $1,506,623 $1,506,002
Subtotal 1,508,171 $75 $(1,623) $1,506,623 1,506,002
Accrued Interest 553       553
 Total $1,508,724       $1,506,555
As of September 30, 2003:
 Intragovernmental
         
Non-Marketable Federal Securities:          
Market Based $1,451,060 $134 $(1,321) $1,449,873 $1,451,163
Subtotal 1,451,060 $134 $(1,321) $1,449,873 1,451,163
Accrued Interest 546       546
 Total $1,451,606        $1,451,709
 

Note 5.  Accounts Receivable, Net

  2004 2003
Intragovernmental    
Accounts Receivable $333,379 $271,028
Allowance for Uncollectible Accounts (3,102) (4,329)
Total Intragovernmental 330,277 266,699
With the Public    
Accounts Receivable 130,644 130,726
Allowance for Uncollectible Accounts (35,571) (45,800)
Total With the Public 95,073 84,926
Total Accounts Receivable, Net $425,350 $351,625
 

Note 6.  Inventory and Related Property

  2004 2003
Inventory:    
Raw Materials $78,348 $68,970
Work in Process 37,941 29,321
Finished Goods 63,084 58,109
Inventory Purchased for Resale 16,099 15,563
Inventory Allowances:    
Excess, Obsolete and Unserviceable (8,545) (6,339)
Allowance (5,110) (3,359)
Operating Materials and Supplies:    
Held for Current Use 15,664 20,026
Total Inventory and Related Property $197,481 $182,291
 

Note 7.  Forfeited and Seized Property

Equitable Sharing Payments:

The statute governing the use of the AFF (28 U.S.C. §524(c)) permits the payment of equitable shares of forfeiture proceeds to participating foreign governments and state and local law enforcement agencies.  The statute does not require such sharing and permits the Attorney General wide discretion in determining those transfers.  Actual sharing is difficult to predict because many factors influence both the amount and timing of disbursement of sharing payments, such as the length of time required to move an asset through the forfeiture process to disposition, the amount of net proceeds available for sharing, the elapse of time for Departmental approval of equitable sharing requests for cases with asset values exceeding $1 million, and appeal of forfeiture judgments.  Because of uncertainties surrounding the timing and amount of any equitable sharing payment, an obligation and expense are recorded only when the actual disbursement of the equitable sharing payment is imminent.  From FYs 1999 through 2004, equitable sharing allocation levels averaged $232,017.  The anticipated equitable sharing allocation level for FY 2005 is $270,000.

Analysis of Change in Forfeited Property:

Pursuant to Federal Financial Accounting and Auditing Technical Release 4, “Reporting on Non-Valued Seized and Forfeited Property,” the value of forfeited property with no legal market in the United States (e.g., weapons, chemicals, drug paraphernalia, gambling devices, etc.) is not included in the net forfeited property value, although the item count of non-valued items is disclosed.

Fiscal Year Ended September 30, 2004:

Forfeited Property Category   Beginning Balance Adjustments FY 2004 Forfeited During FY 2004 Disposed During FY 2004 Ending
Balance
Liens and Claims Ending Balance Net of Liens
Financial & Other Number 98 (23) 119 155 39 - 39
Monetary Instruments Value $2,695 $537 $24,200 $25,449 $1,983 $7 $1,976
                 
Real Property Number 338 31 313 394 288 - 288
  Value $51,207 $5,383 $51,221 $66,818 $40,993 $345 $40,648
                 
Personal Property Number 3,824 (82) 8,001 9,602 2,141 - 2,141
  Value $26,881 $(2,512) $54,683 $55,112 $23,940 $932 $23,008
                 
Non-Valued Number 19,652 (4,265) 16,199 14,797 16,789 - 16,789
                 
Total Number 23,912 (4,339) 24,632 24,948 19,257 - 19,257
  Value $80,783 $3,408 $130,104 $147,379 $66,916 $1,284 $65,632

During FY 2004, $95,247 of forfeited property was sold, $18,861 was returned to owners, and $33,271 was disposed of by other means.  Other means of distribution include property transferred to other federal agencies for official use or equitable sharing, property distributed to a state or local agency, or property that is destroyed.

The number of items represents quantities calculated using many different units of measure.  Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2004. 

Fiscal Year Ended September 30, 2003:

Forfeited Property Category   Beginning
Balance
Adjustments FY 2003 Forfeited During
FY 2003
Disposed During FY 2003 Ending 
Balance
Liens and Claims Ending Balance Net of Liens
                 
Financial & Other Number 66 (9) 146 105 98 - 98
Monetary Instruments Value $3,801 $306 $3,626 $5,038 $2,695 $- $2,695
                 
Real Property Number 283 49 364 358 338 - 338
  Value $37,299 $7,615 $62,541 $56,161 $51,294 $87 $51,207
                 
Personal Property Number 3,595 20 16,192 15,983 3,824 - 3,824
  Value $26,068 $(540) $76,795 $74,162 $28,161 $1,280 $26,881
                 
Non-Valued Number 791 8,803 17,875 7,817 19,652 - 19,652
                 
Total Number 4,735 8,863 34,577 24,263 23,912 - 23,912
  Value $67,168 $7,381 $142,962 $135,361 $82,150 $1367 $80,783

During FY 2003, $73,562 of forfeited property was sold, $39,474 was returned to owners, and $22,325 was disposed of by other means.  Other means of distribution include property transferred to other federal agencies for official use or equitable sharing, property distributed to a state or local agency, or property that is destroyed.

The number of items represents quantities calculated using many different units of measure.  Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2003.  The addition of ATF as a departmental law enforcement participant in the Asset Forfeiture Program (AFP) was effective January 24, 2003.


Analysis of Change in Seized Property and Evidence:

A seizure is the act of taking possession of goods in consequence of a violation of public law.  Seized property consists of monetary instruments, real property and tangible personal property in the actual or constructive possession of the seizing and the custodial agencies.  Such property is not legally owned by the Department until judicially or administratively forfeited.  Seized evidence includes cash, financial instruments, non-monetary valuables and illegal drugs.

Pursuant to Federal Financial Accounting and Auditing Technical Release 4, “Reporting on Non-Valued Seized and Forfeited Property,” the value of seized property with no legal market in the United States (e.g., explosives, chemicals, drug paraphernalia, gambling devices, etc.) is not included in the net seized property value, although the item count of non-valued items is disclosed.  The gross value of seized property, less estimated liens, equals the net seized property value. 

Fiscal Year Ended September 30, 2004:

Seized Property Category   Beginning
Balance
Adjustments FY 2004 Seized During FY 2004 Disposed During FY 2004 Ending Balance Liens and Claims Ending Balance Net of Liens
Seized for Forfeiture:        
Financial & Other Number 379 500 396 1,009 266 - 266
Monetary Instruments Value $41,836 $(13,844) $31,703 $37,027 $22,668 $270 $22,398
                 
Real Property Number 323 4 358 272 413 - 413
  Value $41,633 $13,723 $53,819 $45,898 $63,277 $12,360 $50,917
                 
Personal Property Number 8,991 656 6,188 10,196 5,639 - 5,639
  Value $82,037 $1,608 $93,117 $82,235 $94,527 $9,721 $84,806
                 
Non-Valued Number 39,946 1,286 19,997 18,004 43,225 - 43,225
                 
Total Seized for Number 49,639 2,446 26,939 29,481 49,543 - 49,543
Forfeiture Value $165,506 $1,487 $178,639 $165,160 $180,472 $22,351 $158,121
                 
Seized for Number 536,696 (1,851) 259,786 13,397 781,234 - 781,234
Evidence Value $97,320 $47 $43,627 $19,967 $121,027 $- $121,027
                 
  Number 586,335 595 286,725 42,878 830,777 - 830,777
Total Value $262,826 $1,534 $222,266 $185,127 $301,499 $22,351 $279,148

During FY 2004, $108,898 of seized property was forfeited, $49,703 was returned to owners, and $26,526 was disposed of by other means.  Other means of distribution include seized property that is sold, converted to cash, or destroyed.

Seized cash deposited (see Note 3) in the SADF of $31,550 is not presented in this note.  Also, the number of items represents quantities calculated using many different units of measure.  Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during the FY 2004.

Fiscal Year Ended September 30, 2003:

Seized Property Category   Beginning 
Balance
Adjustment FY 2003 Seized During FY 2003 Disposed During FY 2003 Ending Balance Liens and Claims Ending Balance Net of Liens
Seized for Forfeiture:
Financial & Other Number 432 (218) 323 158 379 - 379
Monetary Instruments Value $38,433 $(21,186) $27,959 $3,162 $42,044 $208 $41,836
                 
Real Property Number 301 15 312 305 323 - 323
  Value $47,385 $2,132 $57,338 $57,230 $49,625 $7,992 $41,633
                 
Personal Property Number 8,123 781 19,027 18,940 8,991 - 8,991
  Value $83,977 $(3,182) $129,249 $113,551 $96,493 $14,456 $82,037
                 
Non-Valued Number 625 44,007 13,508 18,194 39,946 - 39,946
                 
Total Seized for Number 9,481 44,585 33,170 37,597 49,639 - 49,639
Forfeiture Value $169,795 $(22,236) $214,546 $173,943 $188,162 $22,656 $165,506
                 
Seized for Number 48,458 (346) 498,528 9,944 536,696 - 536,696
Evidence Value $62,188 $(12,607) $102,058 $54,319 97,320 $- $97,320
                 
  Number 57,939 44,239 531,698 47,541 586,335 - 586,335
Total Value $231,983 $(34,843) $316,604 $228,262 $285,482 $22,656 $262,826

During FY 2003, $129,071 of seized property was forfeited, $81,349 was returned to owners, and $17,842 was disposed of by other means.  Other means of distribution include seized property that is sold, converted to cash, or destroyed.

Seized cash deposited (see Note 3) in the SADF of $51,115 is not presented in this note.  Also, the number of items represents quantities calculated using many different units of measure.  Adjustments include property status and valuation changes as a result of fair market appraisals and/or court orders received during FY 2003.

Analysis of Drug Evidence:

The DEA, FBI, and ATF have custody of illegal drugs taken as evidence for legal proceedings.  In accordance with Federal Financial Accounting and Auditing Technical Release No. 4, “Reporting on Non-Valued Seized and Forfeited Property,” the Department reported the total amount of seized drugs below by quantity (kilograms) only, as illegal drugs have no value and are destroyed upon resolution of legal proceedings. 

The following table represents the analysis of change in Seized Narcotics Held for FYs Ended September 30, 2004 and 2003.  The amounts presented in the table represent actual laboratory tested classification and weight.

Analyzed
Drug Evidence
Beginning
Balance
Analyzed
During
FY 2004
Disposed
During
FY 2004
Ending
Balance
  KG KG KG KG
Cocaine 369,804 758,371 119,319 1,008,856
Heroin 10,850 911 780 10,981
Marijuana 101,364 18,088 21,053 98,399
Methamphetamine 5,829 2,019 1,354 6,494
Other narcotics 138,864     16,468    18,822    136,510
Total   626,711   795,857  161,328 1,261,240

Analyzed
Drug Evidence
Beginning
Balance
Analyzed
During
FY 2003
Disposed
During
FY 2003
Ending
Balance
  KG KG KG KG
Cocaine 321,724 85,633 37,553 369,804
Heroin 3,075 8,520 745 10,850
Marijuana 41,115 84,093 23,844 101,364
Methamphetamine 5,160 2,089 1,420 5,829
Other narcotics     67,017     87,605    15,758    138,864
Total   438,091   267,940    79,320    626,711

Unanalyzed drug evidence is qualitatively different from analyzed drug evidence because unanalyzed drug evidence includes the weight of packaging and drug categories are based on the determination of Special Agents instead of laboratory chemists.   Unanalyzed drug evidence also includes bulk drugs housed in secured storage facilities of which only a sample is taken for laboratory analysis.   For these reasons, unanalyzed drug evidence is not included in the tables above.

Note 8.  General Property, Plant and Equipment (PP&E), Net

Items are generally depreciated using the straight line method.

As of September 30, 2004: Acquisition Cost Accumulated Depreciation Net Book Value Service Life
Land and Land Rights $200,128 $- $200,128 N/A
Construction in Progress 496,546 - 496,546 N/A
Buildings, Improvements and Renovations 7,607,738 (1,982,596) 5,625,142 24-50 yrs
Other Structures and Facilities 565,110 (202,369) 362,741 10-50 yrs
Aircraft 189,628 (62,326) 127,302 7-25 yrs
Boats 2,882 (1,339) 1,543 18 yrs
Vehicles 333,947 (203,380) 130,567 2-25 yrs
Equipment 983,133 (526,431) 456,702 2-25 yrs
Assets Under Capital Lease 111,840 (42,226) 69,614 5-20 yrs
Leasehold Improvements 457,893 (191,199) 266,694 2-20 yrs
Internal Use Software 85,850 (38,166) 47,684 5 yrs
Internal Use Software in Development Other General Property, Plant and 76,464 - 76,464 N/A
Equipment 329 (94) 235 10-20 yrs
Total $11,111,488 $(3,250,126) $7,861,362  


As of September 30, 2003: Acquisition
Cost
Accumulated
Depreciation
Net Book
Value
Service
Life
Land and Land Rights $198,912 $- $198,912 N/A
Construction in Progress 959,068 - 959,068 N/A
Buildings, Improvements and Renovations 6,767,628 (1,729,683) 5,037,945 24-50 yrs
Other Structures and Facilities 505,577 (176,790) 328,787 10-50 yrs
Aircraft 200,027 (65,611) 134,416 7-25 yrs
Boats 3,017 (1,256) 1,761 18 yrs
Vehicles 262,082 (160,978) 101,104 2-25 yrs
Equipment 881,544 (475,122) 406,422 2-25 yrs
Assets Under Capital Lease 155,038 (66,660) 88,378 5-20 yrs
Leasehold Improvements 371,018 (143,875) 227,143 2-20 yrs
Internal Use Software 72,550 (27,435) 45,115 5 yrs
Internal Use Software in Development 59,346 - 59,346 N/A
Other General Property, Plant and Equipment 4,616 (1,779) 2,837 10-20 yrs
Total $10,440,423 $(2,849,189) $7,591,234  
         

Note 9.  Other Assets

  2004 2003
Intragovernmental    
Advances to Others $88,362 $103,319
Prepayments 13,747 12,043
Other Intragovernmental Assets 35 4
Total Intragovernmental 102,144 115,366
Other Assets With the Public 3,594 3,236
Total Other Assets $105,738 $118,602

Other Assets With the Public primarily consists of farm livestock held by the Bureau of Prisons.

Note 10.  Nonentity Assets

  2004 2003
Intragovernmental    
Fund Balance with US Treasury $799,057 $1,069,890
Investments, Net 561,867 497,490
Total Intragovernmental 1,360,924 1,567,380
Cash and Monetary Assets 93,174 103,251
Accounts Receivable, Net 11,344 5,006
Total With the Public 104,518 108,257
Total Nonentity Assets 1,465,442 1,675,637
Total Entity Assets 25,662,846 27,008,197
Total Assets $27,128,288 $28,683,834

Note 11.  Debt

In FY 1998, Congress granted FPI borrowing authority pursuant to Public Law 100-690.  Under this authority, FPI borrowed $20,000 from the Treasury with an extended lump-sum maturity date of September 30, 2008.  The funds received under this loan were internally restricted for use in the construction of factories and the purchase of equipment.  The loan accrues interest, payable March 31 and September 30 of each year, at 5.5% (the rate equivalent to the yield of Treasury obligations of comparable maturities which existed on the date of the loan extension).  Accrued interest payable under the loan is either fully or partially offset to the extent the non-interest bearing cash deposits are maintained with the Treasury.  In this regard, there is no accrual of interest unless the cash balance, on deposit with the Treasury, falls below $20,000.  When this occurs, interest is calculated on the difference between the loan amount ($20,000) and the cash balance.

The loan agreement provides for certain restrictive covenants and a prepayment penalty for debt retirements prior to FY 2008.  Additionally, the agreement limits authorized borrowings in an aggregate amount not to exceed 25% of the FPI’s net equity.  There were no net interest expenses for the years ended September 30, 2004 and 2003.

Note 12.   Environmental and Disposal Liabilities

The DEA owns a small section of land located in Chicago, Illinois.  Soil samples taken from this land, after removal of underground storage tanks, indicated levels of benzene, ethyl benzene, and lead that were above soil remediation standards.  Phase I of an environmental site assessment was conducted on January 15, 2002, for this site.  The assessment revealed evidence of a potential environmental condition and recommended the study be extended to determine the extent of the contamination.  Phase II of the environmental site assessment was completed in FY 2003 and filed with the Illinois Environmental Protection Agency.  This assessment indicated that the soil contained lead.  There are no clean-up costs reflected in the financial statements at this time because the Illinois Environmental Protection Agency requested further testing in order to define the limits of the impacted soil and groundwater.  The General Services Administration (GSA) is currently in the process of contracting for these additional tests.

Note 13.  Leases

Capital leases include a Federal Detention Center (25 year lease term), an airplane hangar (20 year lease term) in Oklahoma City, Oklahoma, and a training facility (16 year lease term) in Pineville, Louisiana.

Capital Leases: 2004 2003
Summary of Assets Under Capital Lease:    
Land and Buildings $104,070 $104,070
Machinery and Equipment 7,770 50,968
Accumulated Amortization (42,226) (66,660)
Total $69,614 $88,378


Future Payments Due:

Fiscal Year Land and
Buildings
Machinery and
Equipment
Total
2005 $10,577 $1,657 $12,234
2006 10,577 387 10,964
2007 10,577 171 10,748
2008 10,577 87 10,664
2009 10,196 5 10,201
After 2009 47,771 - 47,771
Subtotal $100,275 $2,307 $102,582
Less: Imputed Interest (31,702) (131) (31,833)
FY 2004 Net Capital Lease Liability $68,573 $2,176 $70,749
FY 2003 Net Capital Lease Liability $73,345 $9,305 $82,650

    2004 2003
Net Capital Lease Liability Covered by Budgetary Resources   $869 $1,668
Net Capital Lease Liability Not Covered by Budgetary Resources   $69,880 $80,982

Operating Leases:
Future Operating Lease Payments Due:

Fiscal Year Land and
Buildings
Machinery and
Equipment
Total
2005 $1,255,032 $58,961 $1,313,993
2006 1,353,404 41,460 1,394,864
2007 1,439,791 44,675 1,484,466
2008 1,534,210 42,769 1,576,979
2009 1,638,137 42,791 1,680,928
After 2009 110,238 37,123 147,361
Total Future Lease Payments $7,330,812 $267,779 $7,598,591

Operating leases have been established for multiple years.  Many of the operating leases that expire over an extended period of time include an option to purchase the equipment at the current fair market value, or to renew the lease for additional periods.

The majority of space occupied by the Department is leased from the GSA. The space is assigned to the Department by the GSA based on the Department’s square footage requirements. The rent charged to the Department is intended to approximate commercial rates.  Most of these leases may be terminated without incurring termination charges, however, it is anticipated that the Department will continue to lease space from the GSA in future years.  Total future operating lease payments of $7,598,591 include GSA leases.

Note 14.  Other Liabilities

  2004 2003
Intragovernmental Liabilities    
Other Accrued Liabilities $142 $62
Employer Contributions and Payroll Taxes Payable 73,924 52,535
Advances from Others 273,060 316,508
Liability for Deposit Fund, Clearing Accounts and Undeposited Collections 15,884 19,686
Other Liabilities 128,681 72,514
Total Intragovernmental 491,691 461,305
Other Accrued Liabilities 3,556 3,399
Advances from Others 1,156 3,158
Liability for Deposit Fund, Clearing Accounts and Undeposited Collections 77,932 65,749
Custodial Liabilities (Note 20) 476,215 141,963
Other Liabilities 2,782 9,243
Total With the Public 561,641 223,512
Total Other Liabilities $1,053,332 $684,817

Intragovernmental other liabilities primarily represent civil debt collections where the Treasury General Fund is designated as the recipient of either a portion of a collection or the entire amount of a collection.

Note 15.  Liabilities Not Covered by Budgetary Resources

  2004 2003
Intragovernmental    
Accrued FECA Liabilities (Note 1.S) $176,813 $162,551
Other Liabilities 50 -
Total Intragovernmental 176,863 162,551
Actuarial FECA Liabilities (Note 1.S) 829,337 839,749
Accrued Annual and Compensatory Leave 608,640 586,650
Deferred Revenue (Note 1.E) 101,977 66,589
Contingent Liabilities (Note 16) 106,881 67,919
Capital Lease Liabilities (Note 13) 69,880 80,982
Future Radiation Exposure Compensation Act Liabilities (Note 26) 588,617 -
Other Liabilities 3,553 3,399
Total With the Public 2,308,885 1,645,288
Total Liabilities Not Covered by Budgetary Resources 2,485,748 1,807,839
Total Liabilities Covered by Budgetary Resources 4,451,338 4,660,037
Total Liabilities $6,937,086 $6,467,876


Generally, liabilities not covered by budgetary resources are liabilities for which Congressional action is needed before budgetary resources can be provided.  However, some liabilities do not require appropriations and will be liquidated by the assets of the entities holding these liabilities.  They include civil and criminal debt collections, seized cash and monetary instruments, and revolving fund operations.

Note 16.  Contingencies and Commitments

The Department is party to various administrative proceedings, legal actions, and claims, including environmental damage claims, equal opportunity matters, and contractual bid protests.  The balance sheet includes an estimated liability for those legal actions where the Chief Counsel considers adverse decisions “probable.”  Management has determined that it is probable that some of these proceedings and actions will result in the incurrence of liabilities, and the amounts are reasonably estimable.  The estimated liabilities for these cases at September 30, 2004 and 2003 were $106,881 and $67,919, respectively, and recorded in the financial statements. 

There are also legal actions pending where adverse decisions are considered to be reasonably possible.  As of September 30, 2004, 58 legal actions were reported as reasonably possible.  Of the 58 legal actions, 37 reported a potential loss in the range of $160,538 to $223,238.  For the remaining 21 legal actions an estimate of potential loss could not be determined.

Note 17.  Relationship Between Liabilities Not Covered by Budgetary Resources and Components Requiring or Generating Resources in Future Periods

Liabilities that are not covered by realized budgetary resources and for which there is not certainty that budgetary authority will be realized, such as the enactment of an appropriation, are considered liabilities not covered by budgetary resources.  These liabilities totaling $2,485,748 and $1,807,839 on September 30, 2004 and 2003, respectively, are discussed in Note 15, Liabilities Not Covered by Budgetary Resources.  These liabilities do not equal Components of Net Cost of Operations Requiring or Generating Resources in Future Periods on the Consolidated Statement of Financing.  Total Components of Net Cost of Operations Requiring or Generating Resources in Future Periods include only current unfunded expense amounts and changes in unfunded exchange revenue receivables from the public, while the unfunded liabilities represent both current and prior year unfunded expense amounts.  The increases and decreases below represent the absolute value of the changes in the various Department components rather than a net number.  Some of those liabilities represent current year activity to be funded by future resources and are comprised of the following:

  FY 2004 FY 2003
Decreases in Liabilities Not Covered by Budgetary Resources    

Decrease in Accrued FECA Liabilities

$(765) $(1,200)
Decrease in Actuarial FECA Liabilities (25,242) (32,731)
Decrease in Accrued Annual and Compensatory Leave (5,858) (524)
Decrease in Contingent Liabilities (11,452) (31,701)