[72] 725 Ill. Comp. To learn more, it's a good idea to contact the government car auction locations listed below: Advertisement Police Auctions Listings 4 (June 2010). and Terms of Service apply. Law enforcement agencies that seize property under the drug statutes,[70] the money laundering law,[71] and select provisions of Article 124B of the Code of Criminal Procedure[72] are required to report to the Illinois State Police certain basic information about the seized property. Comrs of Land Office, 1991 OK 6, 808 P.2d 661 (Okla. 1991). Great Neck, NY 11021 5/29B-1(k)(4). But its not terribly detailed it does not show, for example, what portion of forfeitures followed criminal convictions or were only civil. Mandating that law enforcement publicly report on how it acquires and uses forfeited funds would be a step forward, but it is not enough. The rules of evidence do not apply in these preliminary hearings.[53]. Once they obtain a tax deed the property is offered at public sale. 12.5 percent to the prosecutor instituting the forfeiture action; 12.5 percent to the Office of the States Attorneys Appellate Prosecutor (the Office of the Cook County States Attorney, which handles its own appeals, receives 25 percent of forfeiture cases instituted in that county); type of property seized (including make, model and serial number for vehicles), what criminal offense was alleged to have taken place, the outcome of any criminal charges (which should be prerequisite for any seizure in the first place) and. Va. 2012). [6] Austin Berg, Police in Illinois Can Seize Your Property Without Convicting You of a Crime, Illinois Policy Institute, June 9, 2016, https://www.illinoispolicy.org/police-in-illinois-can-seize-your-property-without-convicting-you-of-a-crime. ), Drug Asset Forfeiture Procedure Act (725 ILCS 150/1 et seq. Ann. 16-13-307(1.7)(c) (public nuisance), 16-13-505(1.7)(c) (contraband), 16-13-509 (currency),18-17-106(11) (racketeering); Utah Code Ann. [31] Forfeitures based on cannabis offenses are limited to felony violations (simple possession of more than 100 grams of cannabis, or possession with intent to deliver more than 10 grams of cannabis). [49], In drug cases, nonjudicial forfeiture is unavailable if the seized property is real property, or if the seized property (other than a vehicle, vessel or aircraft) exceeds $150,000 in value. While the statute authorizes forfeiture proceedings instituted in connection with a criminal prosecution for money laundering, it also authorizes a civil in rem forfeiture action to be instituted independent of, or even in the absence of, any criminal prosecution. 131A.360(4), (6), .365(3), (5); New Jersey Stat. [2] Information received from U.S. Department of Justice pursuant to Freedom of Information Act 2016 request. The money laundering statute, however, was not amended as part of the 2012 reform; no preliminary hearing is currently required by statute in forfeiture proceedings brought under that law. A criminal conviction is required to forfeit property under most provisions of Article 124B of the Illinois Criminal Code,[46] the Narcotics Profit Forfeiture Act[47] and the Public Corruption Profit Forfeiture Act.[48]. Lawmakers need to adopt meaningful asset forfeiture reforms to better protect the rights and property of Illinois residents. The RICO law provides that a violation may subject property to seizure and forfeiture, in accordance with the procedures provided under the money laundering law. Lawmakers should correct this backward policy by relieving property owners of the burden to prove their innocence, and placing the burden of proof in forfeiture cases where it belongs: squarely upon the state. DIURBA CLOSE-OUT AUCTION Saturday, JULY 22, 2023; starting at 10 AM Located at 1518 Community Beach Road, ODIN, IL East on Community Beach Road from IL State Route 51 (North East of Centralia -- between Sandoval, Central City & Odin) The Diurba's are moving to Florida to Retire. These totals reflect the total value of assets seized and the total amount approved for federal forfeiture in the Illinois for Justice Assets Forfeiture Fund. . The types of personally identifiable information that may be collected at these pages are: We use the information you provide about yourself when registering for membership or for our affiliate program to help us complete that membership or affiliate program registration and to offer you the services you registered for or that you otherwise request or have contracted for. Under these laws, the property owner does not have to be convicted or even be charged with a crime to lose their property. The fact that tens of millions of dollars are taken by Illinois law enforcement every year, with few protections for the innocent and little transparency in how these funds are acquired or spent, does little to inspire trust in law enforcement in a time of widespread public distrust. Sale Catalogs for the sealed bid auction will be available in our office or online at www.iltaxsale.com approximately 1 month before the 2022 auction. Illinois gained over $319 million from assets that were forfeited between 2005 and 2015. GovernmentAuctions.org currently Stat. [44], In addition to the laws enumerated above, there are numerous other Illinois statutes authorizing the seizure and forfeiture of property on the basis that the property is connected to some violation of the law. Cook County Public Surplus. Surplus, Vehicles, Auctions. [28] Arizona Rev. member please login for full access. Naperville, IL Seized Property Auctions - List Of Police Vehicle Auctions This information is accessible to the public only through Freedom of Information Act requests. The response was negative across all political affiliations: 89 percent of registered voters opposed property seizures without a conviction. 620/3.23(f); 720 Ill. Comp. Seizure of property occurs when the police or another arm of state or local government takes custody of private property, and is generally authorized whenever an officer has probable cause to believe that the property was derived from, or used in the commission of, a crime. Happy Bidding and Good Luck! Auctions of Real and Personal Property 1 | Internal Revenue Service State and local law enforcement authorities also seize property in cooperation with the federal government, through a process called equitable sharing. [43] This law sets forth the legal standards and procedures for seizing and forfeiting property in connection with criminal prosecutions for a wide range of offenses, including child pornography, human trafficking, animal fighting, public assistance fraud, and terrorism. [16] 8 U.S. Code 983; 725 Ill. Comp. (IL). Asset forfeiture in Illinois: What it is, where it happens, and reforms 550/12(a), 550/4(c). 40:2602, 40:2611. If the judge finds that forfeiture of the property would be grossly disproportionate to any culpability on the part of the property owner, then he or she should have the discretion to order the property returned to the owner. In all, Illinois law enforcement seized over $278 million in assets between 2005 and 2015. Having heard about instances of forfeiture abuse in Illinois and nationally, voters are ready for reform. Police agencies are mandated by statute to auction seized, found, and unclaimed property at public auctions. The law enforcement agencies making the most seizures are the Chicago Police Department, the Illinois State Police, the Narcotics and Currency Interdiction Team, the Cook County Sheriffs Office and the Decatur Police Department. No reporting of seizures or forfeitures whatsoever is required under Article 36 of the Criminal Code, or under any of Illinois many other forfeiture laws. [8], In contrast, civil forfeiture laws allow the government to pursue a civil action to take away a persons property regardless of whether the owner or any other person is criminally prosecuted. 360 North Michigan Avenue Suite 1200, Chicago, IL 60601-3804. Stat. Chicago Police Department Domestic Violence. City of Chicago Surplus Auction Yard. Elected Officials Misconduct Forfeiture Act (5 ILCS 282/1 et seq. 44-53-520(b) to -586(b). (NOTE: Forms ISP 4-64a, formerly ISP 4-64, and ISP 4-64b, "Illinois State Police Notice/Inventory of Seized Property - 2014). Illinois took a modest step in the right direction in 2010 when the General Assembly passed a law requiring judicial review of seizures within 14 days in drug cases and Article 36 cases. ), Narcotics Profit Forfeiture Act (725 ILCS 175/5), Illinois Streetgang Terrorism Omnibus Prevention Act (740 ILCS 147/1 et seq. [20] Colorado Rev. Stat. The standard of proof that the government must reach in order to meet its burden under many of the states forfeiture statutes is preponderance of the evidence. Several other statutes that authorize seizure and forfeiture of property (including, in some cases, other types of property besides vehicles, vessels and aircraft) explicitly provide that forfeiture under those statutes shall happen in accordance with the procedures set forth in Article 36.[37]. Under authority of the Internal Revenue Code, the property described here has been seized or acquired for nonpayment of internal revenue taxes and will be sold. 570/505(d); 720 Ill. Comp. For example, under the Drug Asset Forfeiture Procedure Act, a property owner facing forfeiture of personal property, in order to successfully assert an innocent owner defense, must establish by a preponderance of the evidence that he or she is not legally accountable for the conduct giving rise to the forfeiture, did not acquiesce in it, and did not know and could not reasonably have known of the conduct or that the conduct was likely to occur.[60], While Article 36 of the Criminal Code (authorizing forfeiture of vehicles, vessels and aircraft) states that property is forfeitable if it is used with the knowledge and consent of the owner in the commission of a criminal offense,[61] the states burden is actually limited to proving that such vessel or watercraft, vehicle, or aircraft was used in the commission of an offense described in Section 36-1.[62] If the state proves that the property was used (by anyone, not necessarily by the owner) in the commission of an offense, then an innocent owner must show by a preponderance of the evidence that he did not know, and did not have reason to know, that the vessel or watercraft, vehicle, or aircraft was to be used in the commission of such an offense in order to avoid losing the property.[63]. However, other Illinois forfeiture laws, including the Drug Asset Forfeiture Procedure Act, money laundering statute and Article 36 of the Criminal Code, do not require a criminal conviction as a prerequisite to forfeiture; in fact, there is no requirement that any person ever be arrested or charged with any offense before the state can take away property through civil asset forfeiture under those statutes and others. [16] In a nonjudicial forfeiture proceeding, the government is never required to present evidence that the property is subject to forfeiture;[17] rather, the property is forfeited by default unless the owner acts swiftly to take the correct legal steps required to contest the forfeiture in court. As detailed in this report, millions more dollars in property are seized in Illinois under federal law than under state law. Stat. Unclaimed Property Auction | East Peoria, IL One of the most basic yet substantive reforms Illinois could pass would be to require a criminal conviction as a prerequisite to civil asset forfeiture. 13-4315; 720 Ill. Comp. Vehicles, vessels and aircraft are subject to forfeiture even if they exceed $150,000 in value. 646/85(d). While an argument could be made in support of forfeiting property involved in the sale or manufacture of illegal substances, it is unclear what public safety benefit the state of Illinois hopes to derive by forfeiting property from people whose only alleged crime is the possession of an illegal drug. Public Surplus Auction - Cook County Government, Illinois [45] See Appendix A (listing Illinois statutes authorizing asset forfeiture). [52] Alvarez v. Smith, 130 S.Ct. text. Stat. Property rights are key to the exercise of basic liberties, not ancillary to them. For a much more detailed look, readers should see the Illinois Policy Institutes online database of Illinois forfeiture data, which provides information regarding both the value and number of reported asset seizures made by every Illinois law enforcement agency from 2005 through 2015. [6], Judy Wiese is just one of many innocent people across the country who have suffered under asset forfeiture laws and voters are beginning to take notice. art. 5/47-15(c); 725 Ill. Comp. 5/124B-705; 725 Ill. Comp. Category: Police . But some laws require only that the government show probable cause that the property in question is subject to forfeiture. [41], This statute provides for criminal forfeiture when a person is convicted of narcotics racketeering. Rev. This report was created with support from the John D. and Catherine T. MacArthur Foundation as part of the Safety and Justice Challenge, which seeks to reduce over-incarceration by changing the way America thinks about and uses jails. 5/29B-1(l)(2); 725 Ill. Comp. But the law offers little protection for property owners. [49] 725 Ill. Comp. Illinois should follow suit by requiring state forfeiture data be posted online at least annually, in a report to the General Assembly. Most Illinois forfeiture laws at least ostensibly place the burden of proof on the state to prevail in its case in order to prevail in a forfeiture action. US Dept of the Treasury Seized Real Property Auctions - Bid Results Asset forfeiture laws, which allow the confiscation of private assets suspected of involvement in illegal activity, have been subject to abuse and have produced large payouts for law enforcement. 570/505(f). Stat. The provisions of Article 29B setting forth procedures for forfeiture of property also apply in forfeiture cases under the Illinois RICO law[39] and the Financial Aid Fraud law. McHenry, IL Seized Property Auctions - List Of Government Car Auctions Currently, there are numerous laws throughout the Illinois Compiled Statutes that pertain to forfeiture. Stat. Chicago, IL 60617. Foreclosure and Bank Owned Auctions in Illinois 5/36-1.5(b). For more details, you should contact the police auction locations shown below: Advertisement Other Nearby Locations for Police Auctions Current listings of Police Auctions near Wilmington Delaware City Police Department Newly . As is true of most Web sites, we automatically receive certain information and store it in log files. [19] Still others require clear and convincing evidence[20] (the claim is substantially more likely to be true than not), or even proof beyond a reasonable doubt. 150/3.5(b); 720 Ill. Comp. As of this publication, at least 14 states, including Michigan, Minnesota and New York, as well as the District of Columbia, require online reporting of asset forfeiture data. At the end of the . Should you have questions regarding the auction website or any of the auctions, please email OCPO.Events@CookCountyil.gov or contact the Procurement Office @ 312.603.5377. One of the most basic yet critical reforms Illinois can make would be to simply improve the way it collects asset seizure and forfeiture data and remove the barriers that keep the public from getting a full and accurate picture of this information. Between 2005 and 2015, forfeiture proceedings have resulted in gains of more than $319 million for Illinois police departments, sheriffs, states attorneys and other law enforcement agencies. The property might be seized directly from the owner, but may just as easily be seized from another person having possession (e.g., a vehicle seized from a family member or friend of the owner). Theres also a need to raise the standard of proof required to be met by the government in order to forfeit property in Illinois. Illinois should follow suit and eliminate the current statutory framework under which law enforcement agencies and prosecutors have a direct financial stake in seizing and forfeiting peoples property. IV.E.3.g. [14] Smith v. Hammel, 383 Ill. Dec. 459, 14 N.E.3d 742 (App. 2605/7(g)); and Counterfeit Trademark Act (765 Ill. Comp. [1]Federal law enforcement took in more than $404 million in Illinois over the same time period.[2]. Recent observation of the proceedings in Cook Countys forfeiture courtrooms suggests that a great many people still lose their property summarily in nonjudicial forfeitures, despite the 2010 reform. A judgment in rem operates directly on the property itself and is enforceable against the world at large. 147/1); Metropolitan Water Reclamation District Act (70 Ill. Comp. [3] John G. Malcolm, Civil Asset Forfeiture: Good Intentions Gone Awry and the Need for Reform, (Heritage Foundation, 2015). [10] Missouri Revised Statutes 513.617.1. These include: Forfeiture is authorized for property derived from or used in the commission of any violation of the Illinois Controlled Substances Act or the Methamphetamine Control and Community Protection Act, including the simple possession (no intent to deliver) of any quantity of a controlled substance[30] or methamphetamine. Stat. [17] While Illinois law has since 2012 required a probable cause hearing prior to nonjudicial forfeiture of property, the rules of evidence are inapplicable at the probable cause hearing, 725 Ill. Comp. Cobb Boulevard, Kankakee, IL 60901. [4] For instance, a legislative declaration in Illinois own Drug Asset Forfeiture Procedure Act states in relevant part: The General Assembly further finds that the federal narcotics civil forfeiture statute upon which this Act is based has been very successful in deterring the use and distribution of controlled substances within this State and throughout the country. (725 Ill. Comp.
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