United States Department of Justice Equitable Sharing Funds

SAN JUAN, Puerto Rico – United States Attorney W. Stephen Muldrow, Puerto Rico Governor Jenniffer González-Colón, and Puerto Rico Police Bureau Commissioner Jospeh González today announced updated/new information regarding the United States Department of Justice Equitable Sharing Funds for agencies in Puerto Rico.

Asset forfeiture is the taking of property by the government without compensation because of the property’s connection to criminal activity. It is a legal tool that enables the federal government to recover property that can be used to compensate victims of the crime underlying the forfeiture, among other important law enforcement interests.

There are two distinct asset forfeiture programs: (a) the Department of Justice’s Asset Forfeiture Program over which the Attorney General exercises statutory authority; and (b) the Department of the Treasury’s Treasury Asset Forfeiture Program managed by the Secretary of the Treasury).

The Justice Asset Forfeiture Program has four primary goals:

1. To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities.

2. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.

3. To recover assets that may be used to compensate victims when authorized under federal law.

4. To ensure the Program is administered professionally, lawfully, and in a manner consistent with sound public policy.

The Justice Asset Forfeiture Fund receives the proceeds of forfeiture made pursuant to laws enforced or administered by members of Justice’s Asset Forfeiture Program. Thirteen agencies, including Justice agencies and components as well as non-Justice agencies, comprise the Asset Forfeiture Program’s membership.  That membership includes Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Drug Enforcement Administration (DEA), U.S. Postal Inspection Service (USPIS), and Federal Bureau of Investigation (FBI).

The Treasury Asset Forfeiture Program also has four priorities:

1. To administer and manage the Treasury Forfeiture Fund (TFF) program in a fiscally responsible manner that seeks to minimize administrative costs and maximize the benefits for law enforcement and the compensation of eligible victims; 

2. To ensure program policies protect due process rights of individuals;

3. To focus resources on strategic cases and investigations that result in actions against high profile criminals and criminal enterprises to affect the greatest financial damage to criminal organizations; and

4. To foster a strong working relationship between federal and state or local law enforcement agencies

The Treasury Forfeiture Fund receives the proceeds of forfeitures made pursuant to laws enforced or administered by Treasury and Department of Homeland Security law enforcement agencies. Members include U.S. Immigration and Customs Enforcement – Homeland Security Investigations (HSI), Internal Revenue Service – Criminal Investigation (IRS-CI), U.S. Secret Service (USSS), U.S. Customs and Border Protection (CBP), and U.S. Coast Guard (USCG)

Through equitable sharing, any state, local, or tribal law enforcement agency that directly participates in a law enforcement effort that results in a federal forfeiture may request an equitable share of the net proceeds of the forfeiture.  The Equitable Sharing Program is an important aspect of the Justice and Treasury Asset Forfeiture Programs. Federal law authorizes the Attorney General and the Secretary of the Treasury to share federally forfeited assets with participating law enforcement agencies.  The exercise of this authority is discretionary and limited by statute. The Attorney General and the Secretary of the Treasury are not required to share assets in any case. Participation in an investigation with a member of the Justice Asset Forfeiture Program may result in equitable sharing paid from Justice’s Asset Forfeiture Funds (AFF), while participation in an investigation with a Treasury Asset Forfeiture Program member agency may result in equitable sharing paid from Treasury’s Forfeiture Funds (TFF).

In Puerto Rico, the following agencies are participating in the Equitable Sharing Program: Puerto Rico Police Bureau; Puerto Rico Special Investigations Bureau; Puerto Rico Ports Authority General Security Department; Puerto Rico National Guard Counterdrug Unit; Ponce Municipal Police Department; and the San Juan Police Department. Since the year 2020, these agencies have received Equitable Sharing Funds and are currently pending to receive Equitable Sharing Funds:

• Puerto Rico Police Bureau $2,604,847.72 (received) and $27,360,386.06 (pending)
• Puerto Rico Special Investigations Bureau $871,128.38 (received) and $110,791.90 (pending)
• Puerto Rico Ports Authority General Security Department $587,357.42 (received) and $112,889.15 (pending)
• Puerto Rico National Guard Counterdrug Unit $481,221.69 (received) and $5655 (pending)
• Ponce Municipal Police Department $160,047.89 (received) and $9,709.20 (pending)
• San Juan Police Department $1,439,682.39 (received) and $167,375.29 (pending)

Equitable Shared Funds must be used to increase or supplement the resources of the receiving state, local, or tribal law enforcement agency. Shared funds shall not be used to replace or supplant the agency’s appropriated resources. The recipient agency must benefit directly from the sharing.

“Forfeiting the proceeds and instrumentalities of crime puts the money to work for good – helping the victims of crime, funding community programs and providing resources to be used to promote public safety,” said W. Stephen Muldrow, United States Attorney for the District of Puerto Rico. “Equitable sharing redirects illegal proceeds toward the local law enforcement agencies who work with their federal counterparts to dismantle large scale criminal enterprises.  Such sharing can enable state and local agencies to commit the necessary resources to conduct a complex, long-term investigation that in the end enhances public safety.”

More agencies can participate in the Equitable Sharing Program. To become a Program participant, agencies must submit an Equitable Sharing Agreement and Certification (ESAC) and affidavit to the Money Laundering and Asset Recovery Section (MLARS). Agencies must also be registered in the federal government’s System for Award Management (SAM.gov). Eligible agencies must comply with all rules and obligations, including bookkeeping procedures, internal controls, reporting and audit requirements.

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