Wayne County Prosecutor Forfeiture Unit
Wayne County Prosecutor
Forfeiture Unit
The Forfeiture Unit is a specialized
unit within the Special Operations Division of the Wayne County Prosecutor's Office.
The Forfeiture Unit is staffed with experienced prosecutors, investigators, and
clerical staff.
The types of illegal activities and enterprises the Forfeiture Unit attacks include:
- Illegal drug trafficking (Drug Asset Forfeiture)
Any thing used or intended to be used to facilitate drug dealing shall be subject
to forfeiture by the Forfeiture Unit. Michigan Compiled Laws section 333.7521, et
seq. is the statute under which the forfeiture unit operates.
The Forfeiture Unit forfeited has forfeited over $6.69 million dollars in monetary
and non-monetary assets to law enforcement agencies from drug dealers and those
who facilitate the distribution of drugs since Wayne County Prosecutor Kym L. Worthy
has taken office in January 2004 through 2005.
- Illegal gambling operations
The Forfeiture Unit also strives to eliminate the profits from illegal gambling
operations. In 2004, the Forfeiture Unit, together with the Wayne County Sheriff's
Department, shut down a major gambling operation forfeiting approximately $1.8 million
dollars in currency from the illegal operation. The forfeited money was used by
the seizing law enforcement agency and Prosecutor's Office to further combat crime
in Wayne County.
A Notice of Seizure and Intent to Forfeit Form is not necessary when seeking a forfeiture
under this law, but may be used if the seizing agency so chooses.
- Ill-begotten proceeds and substituted proceeds of crimes
(Omnibus Forfeiture)
The Omnibus Forfeiture Statute, MCL 600.4701, et seq. is another tool used by the
Forfeiture Unit to protect county citizens from crime. The Forfeiture Unit forfeits
assets from criminals who engage in particular criminal activity. The statute names
certain crimes where the forfeiture of assets may be sought, for example, armed
robbery and Internet crimes.
- Vehicles used to violate the drunk driving laws of Michigan
(OWI Forfeiture)
In October 2004, the Forfeiture Unit began an historical program through a seldom-used
provision of the drunk driving statute: the forfeiture of vehicles used to violate
the drunk driving (OWI) laws of this State or local ordinance. Support for this
program poured in from local law enforcement agencies and Mothers Against Drunk
Driving (MAAD). The purposed of this program is to protect all persons using the
roads located in Wayne County from dangerous driving behaviors of drunk drivers.
Any and all money raised from this program is distributed as mandated by the drunk
driving statute. Since its inception, the OWI Vehicle Forfeiture Program has processed
approximately 500 vehicles sending a message to vehicle owners that drunk driving
is viewed as a serious offense by the Wayne County Prosecutor's Office and law enforcement
agencies.
- Environmental polluters
The Forfeiture Unit has assigned an Assistant Prosecuting Attorney to prosecute
certain environmental crimes cases committed within Wayne County. Not only are polluters
criminally charged, but also face the imposition of fines, penalties, and possible
forfeiture of assets used to commit the environmental crimes. The Prosecutor's Office
has won cases for the County that cause the polluter to clean the property and agree
not to engage in environmental polluting in the future. Further, the polluter also
pays a fee into the Prosecutor's Environmental Trust Fund. The funds paid into the
Prosecutor's Environmental Trust Fund are issued by the Prosecutor's Office to community
groups throughout the county to assist them in cleaning-up targeted sites. Several
important community groups throughout the county have been the benefactors of grants
from the WCPO Environmental Trust Fund for neighborhood clean up projects.
- Buildings used in violation of Nuisance Abatement laws of Michigan
In an effort to improve the quality of neighborhoods in Wayne County, the Forfeiture
Unit prosecutes businesses and private landowners for nuisance for participating
in or operating illegal enterprises such as prostitution, drug sales, and illegal
gambling. In a civil action, the Forfeiture Unit seeks to eliminate the illegal
activity by either padlocking the building or enter into an agreement with the landowner
forcing the landowner to use the property for a legitimate purpose only. The Forfeiture
Unit maintains compliance with the agreement through court action if the terms of
the original agreement are violated.
- Vehicles used or intended to be used to engage in prostitution
The Forfeiture Unit also operates a sub-unit: the Vehicle Seizure Unit.
The Vehicle Seizure Unit operates a program designed to discourage the
use of vehicles for either (1) the purchase of controlled substances, known as the
PUSH-OFF program, or (2) to solicit prostitutes, known as the OTE program. Police
agencies located within Wayne County seize vehicles used or attempted to be used
for these illegal purposes and cooperate with the Wayne County Prosecutor's Office
in processing the cases in a combined effort to successfully clean the streets from
those who participate in these vices in Wayne County. The Forfeiture Unit processed
over 3,900 vehicle seizure cases in 2005.
- Vehicles used or intended to be used to purchase narcotics
The Forfeiture Unit also operates a sub-unit: the Vehicle Seizure Unit.
The Vehicle Seizure Unit operates a program designed to discourage the
use of vehicles for either (1) the purchase of controlled substances, known as the
PUSH-OFF program, or (2) to solicit prostitutes, known as the OTE program. Police
agencies located within Wayne County seize vehicles used or attempted to be used
for these illegal purposes and cooperate with the Wayne County Prosecutor's Office
in processing the cases in a combined effort to successfully clean the streets from
those who participate in these vices in Wayne County. The Forfeiture Unit processed
over 3,900 vehicle seizure cases in 2005.
Contact Information
- You can contact the Forfeiture Unit at (313) 224-5831
- You can contact the Vehicle Seizure Unit at (313) 224-2881
Frequently Asked Questions
Q. What type of property is subject to forfeiture
under the drug forfeiture laws?
A. All real property that is substantially connected to illegal drug activity is
subject to forfeiture. Generally, all money, personal property, and equipment that
is used or intended to be used as a container, conveyance, or facilitate a violation
of the controlled substances act is subject to forfeiture.
Q. When property is seized under the drug forfeiture
laws, how does a matter get to court and ultimately conclude?
A. Once assets are seized, within 20 days from the date of seizure the owner of
the assets must post a bond with the seizing agency (police department) in the amount
of 10% of the value of the seized property, but not less than $250.00 or greater
than $5,000.00. The WCPO Forfeiture Unit will file a Complaint in the Wayne County
Circuit Court seeking forfeiture of the property. The case will conclude through
settlement terms as agreed upon by the parties or as adjudicated by the court through
trial proceedings.
Q. When property is forfeited under the drug forfeiture
laws, what happens to the seized assets?
A. The local unit of government (police department) that seized the property may
retain it for official use or sell that which is not required to be destroyed by
law and which is not harmful to the public. All forfeited property and money shall
be used to enhance drug law enforcement efforts and pay the proper expenses of the
proceedings for forfeiture and sale.
Q. In all forfeiture unit cases if money and/or other
assets are to be returned to the owner/claimant how long does it take to obtain
return of said property?
A. Once a case is concluded, approximately 4 weeks after the Judgment is entered
with the Court the owner/claimant should receive any and all assets and posted bond
that are to be returned.
Suggested Links
Kym L. Worthy
1200 Frank Murphy
1441 St. Antoine
Detroit, MI 48226
Ph: (313) 224-5777
Fx: (313) 224-0974