UP Gazette

State Representatives Jaime Greene and Doug Wozniak have recently put forth a proposal aimed at enhancing the civil asset forfeiture process. The plan focuses on ensuring that funds seized through this process are accurately reported and utilized to improve public safety.

According to Wozniak, the current state law regarding civil asset forfeiture has certain flaws that could potentially allow corrupt public officials to misuse the seized funds. He emphasizes the need for greater transparency and accountability in the handling of these assets. Wozniak states, "People want assurances government officials are using proceeds from the sale of property seized by the government exactly according to law... Our plan brings greater clarity to the civil asset forfeiture law by refining the process and limitations for its use."

Civil asset forfeiture was established to prevent criminals from profiting from their unlawful activities. It allows law enforcement to confiscate property, such as cash, homes, and vehicles, that are believed to have been used in or acquired through criminal activities. The confiscated property can then be sold, and the proceeds are typically used for public safety purposes.

However, past incidents of corruption have raised concerns about the misuse of these funds. In 2020, the former Macomb County Prosecutor was charged with embezzlement and misconduct for misappropriating civil asset forfeiture funds. This incident highlighted the need for stronger safeguards to prevent such occurrences.

Current Macomb County Prosecutor Pete Lucido, who has previously worked towards incremental changes in civil asset forfeiture laws, expressed his full support for the new legislation. Lucido said, "I really like what Representatives Wozniak and Greene are doing with this legislation and hope to see it moving quickly through the legislative process when session resumes in January."

The proposed legislation, House Bills 5382-83, aims to clarify the procedure for handling civil asset forfeiture funds. The plan would require these funds to be processed in the same manner as other revenue, through the treasurer of the relevant government unit. Additionally, the funds would be allocated for public safety purposes through the local government's budget process.

Representative Greene highlights the positive impact that civil asset forfeiture funds have had on various law enforcement agencies and communities. She believes that the proposed bills will provide the necessary accountability and transparency to ensure that all seized funds are utilized effectively to enhance public safety.

In summary, Representatives Greene and Wozniak have introduced a plan to strengthen the civil asset forfeiture process. The proposed legislation aims to address existing flaws, prevent corruption, and ensure that seized funds are used in accordance with the law. With the support of key stakeholders, it is hoped that these bills will swiftly progress through the legislative process and contribute to improving public safety.