Asset forfeiture is when the government takes property or assets that were illegally obtained or used in the commission of a crime without providing any form of compensation for the owner. This is done at both the federal and state level and is referred to as civil asset forfeiture. For example, the DEA may seize property to inhibit drug organizations and drug trafficking.
In most cases in Michigan, before law enforcement can permanently seize assets, there must be a conviction. This rule resulted from legislation signed into law by Governor Gretchen Whitmer, which went into effect in 2020. However, this law does not apply to drug distribution cases in which the value of the property seized exceeds $50,000.
Items that may be subject to forfeiture in a drug crime case include:
Cars, trucks, and other vehicles
Cash or other income
Property used to manufacture illegal or controlled substances
Property used to facilitate delivery or trafficking
Residences, land, and other real estate