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 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.
See the Notice of Seizure and Intent to Forfeit Form for Drug Asset Forfeiture, Omnibus Forfeiture, and Nuisance Abatement below
- 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.
See the Notice of Seizure and Intent to Forfeit Form for OWI Vehicle Forfeiture below.
- 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.
See the Notice of Seizure and Intent to Forfeit Form for PUSH-OFF and OTE below.
- 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.
See the Notice of Seizure and Intent to Forfeit Form for PUSH-OFF and OTE below.
Contact Information
- You can contact the Forfeiture Unit at 313-224-5831
- You can contact the Vehicle Seizure Unit at 313-224-2881
Forms
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.
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