Hawaii Administrative Rules › Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL › Subtitle 5 - FORFEITURES › Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE › Subchapter 8 - ENFORCEMENT › Appendix E - Deposit of Currency - Procedures

Current through June, 2024
I.
There are two different currency deposit
					 designations:
1. Seized Currency
Seized currency is currency that has been seized for
					 forfeiture (as opposed to being seized for evidence). A Notice of Seizure for
					 Forfeiture should have been served upon all known parties by the police or
					 other law enforcement agency (i.e. Narcotics Enforcement Division of the State
					 Department of Public Safety),
2. Forfeited Currency
Forfeited currency is currency that has gone through the
					 administrative forfeiture process and an Order was filed by the Attorney
					 General granting the forfeiture of the currency or currency received/retained
					 through a Settlement Stipulation.
II.
Deposits with the Attorney General
The Attorney General has one First Hawaiian Bank account,
					 into which agencies may deposit currency. Within that bank account are three
					 funds:
1. 906 Account is for seized currency.
2. 320 Account is for forfeited currency.
3. A third fund is used by the Attorney General to hold
					 cost bond monies paid by persons seeking the return of their seized property
					 through the judiciary.
III.
Which fund should the currency go
					 into?
Is there an Order granting forfeiture of the currency
					 (including any currency received/retained pursuant to a Settlement
					 Stipulation)?
1. NO: Deposit currency into 906 Account
2. YES: Deposit currency into 320 Account
IV.
Preparing the Deposit
1. Deposits to the same account may be made individually or
					 in bulk. Deposits made individually have a deposit slip for each case. Deposits
					 made in bulk will have a number of cases made utilizing one deposit
					 slip.
2. Keep 906 Account deposits (seized currency) separate
					 from 320 Account deposits (forfeited currency).
3. Prepare two (2) deposit slips.
NOTE:
Original slip is for the
					 bank.
b. The second slip should be validated by the bank on the
					 front of the slip and along with the bank deposit receipt (looks like a cash
					 register receipt) should be sent to the Attorney General. See Part VI.
					 below.
NOTE:
The State Department of Budget and
					 Finance prefers the use of the pre-printed deposit slips. If you need to order
					 more deposit slips, please contact the Legal Clerk of the Asset Forfeiture Unit
					 to have more deposit slips ordered. Please have the number of slips needed, the
					 branch you want to pick the slips up from, the contact person, and the contact
					 phone number. The bank takes about
					 5-10 business days to
					 have the slips completed and delivered.
V.
Making the Deposit
Deposits can be made at any branch of First Hawaiian
					 Bank.
VI.
Sending Deposit Receipts to the Attorney
					 General
1. Send the validated deposit slips and bank deposit
					 receipts to the Attorney General as soon as possible.
NOTE:
If a deposit receipt is received by
					 the Attorney General and a Petition is not filed within one-year from date of
					 deposit, the monies will be returned to the County Police Department.
2. Also complete and send the Deposit of Funds Form listing
					 the following information (use separate forms for seized currency deposits
					 (906) and for forfeited currency deposits (320)).
Report No: Your report number
A.G. No: Our A.G. or Court Case Number (For seized currency
					 deposits (906), there may not be an A.G. Number assigned yet so unless you have
					 an A.G. Number, this may be left blank.) Name(s): Provide at least one name of
					 the interested part(ies)
Amount: Amount of the deposit
Deposit Date: Date of deposit
3. Send the Deposit of Funds form(s), validated deposit
					 slip(s) and bank deposit receipt(s) to:
Department of the Attorney General Civil Recoveries
					 Division
Asset Forfeiture Unit
425 Queen Street
Honolulu, Hawaii 96813-2903
NOTE: The Attorney General no longer receives a
					 reconciliation report from the State Department of Budget and Finance.
					 Therefore, the failure to properly account for the currency could result in the
					 currency being transferred to the State's General Fund (and loss to Asset
					 Forfeiture program).
The loss to the General Funds will
					 be the burden of the County if the Attorney General failed to receive deposit
					 receipts.
VII.
Contact Information
Civil Recoveries Division
Phone: (808)586-1100
Fax: (808) 586-8116