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 Essex County Prosecutor's Office
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FORFEITURE UNIT

The Forfeiture Unit of the Essex County Prosecutor’s Office prosecutes all asset forfeiture actions brought pursuant to N.J.S.A. 2C:64-1 et. seq., the State’s forfeiture statute. The primary mission of the unit is to fairly and efficiently forfeit all property seized from defendants within Essex County that can be linked to criminal activity, either as proceeds of such activity or as property used to facilitate the commission of said activity. This is done primarily through the filing of civil "in rem" complaints against the seized property with notice to the defendants. The forfeiture complaints must by law be filed within ninety days of the seizure. Therefore, it is essential that the unit obtain the relevant police reports and other necessary documents in a timely manner.

The unit is staffed by one Assistant Prosecutor and four clerical employees. Over the past several years, the Forfeiture Unit has been using a very effective investigative tool to help identify criminal defendants who are profiting financially from their crimes. FIN CEN (Financial Crimes Enforcement Network) is a computer database of financial records that can be accessed directly from a terminal located in the Essex County Prosecutor's Official Corruption and Economic Crimes Section, and is operated by an Investigator. The Essex County Prosecutor's Office was among the first in the state to be granted direct access to the FIN CEN system, which is operated by the federal government and overseen by the Attorney General’s Office. Also, in 2000, we were among one of five counties in New Jersey to be invited to join a new anti-money laundering initiative with the federal government (HIFCA).

In 2008, the Forfeiture Unit generated $1,045,860 in cash forfeitures from criminal defendants. It also obtained 37 vehicles, valued at approximately $188,000, and computer equipment with an approximate value of $1,000. In May of 2008, the Newark Police Department seized close to $700,000 and five vehicles from a single defendant. Also in that month, a joint force of Prosecutor's Office personnel, assisted by Newark and West Orange police officers, recovered $202,000 during a homicide investigation.

In 2009, the Forfeiture Unit generated $1,376,282 in cash forfeitures from criminal defendants. This includes a significant seizure in July 2009 by the Belleville Police Department, whereby $59,709 was obtained from two suspects at the culmination of a narcotics investigation. The Forfeiture Unit also obtained 68 vehicles valued at approximately $375,556, and other property with an approximate value of $14,300. All police agencies that participated in these seizures will share in the disbursement of funds and other property. In 2009, Prosecutor Dow also donated approximately $3,000 to each police department in Essex County to help them defray the costs associated with purchasing equipment and obtaining advanced law enforcement training.

In 2009, the Forfeiture Unit became one of the first units in the Prosecutor's Office to take part in the new Integrated Law Enforcement Initiative. Through its participation in this computerized records sharing project, the Forfeiture Unit can now access all Newark Police Department criminal reports with a few keystrokes on the computer. This has greatly enhanced the speed and efficiency in which the Unit can process forfeiture cases emanating from the Newark Police Department.

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