ATLANTA — In a report released Monday, the City of Atlanta’s Auditor’s Office said the Atlanta Police Department needs stricter controls in place to strengthen the asset forfeiture process.
According to the report, auditors found that the city’s current policies for property seizure need adjustment, when it comes to recording the seizures themselves, logging the items and keeping track of what is seized by officers.
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What is asset forfeiture?
Asset forfeiture is when property is seized by officers during various law enforcement operations.
That can mean traffic stops, search of property and more.
In Atlanta, police have 30 days from when a piece of property is seized to request that it be forfeited for use by the department.
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What can officers take for potential forfeiture?
Property that meets forfeiture requirements include drugs, money connected to narcotics activity, guns, jewelry, electronics, vehicles and other real property, according to the auditor’s report.
If the seized property is reported to the District Attorney’s Office within 30 days, police must describe the property, how much it is estimated to be worth, the circumstances and parties involved and their related criminal charges, if any, as well as evidence and where the property is being held.
The DA then has discretion to accept or decline a forfeiture case based on merits and value.
“State law specifies minimum drug quantities below which property generally cannot be forfeited, unless the property was used to facilitate drug offenses,” the auditor’s office said in the report.
By example, the office said suspects who possessed more than four ounces of marijuana or at least one gram of cocaine or other controlled substances could qualify for the items to be seized.
For other items, cash and jewelry seized must be valued at $500 or more.
There are more specifics for what criteria must be met to seize firearms and other property.
The report’s findings
“Property seizure controls could be strengthened specifically, body-worn camera procedures don’t require visual documentation of each seized item for chain of custody purposes, and reconciliation processes are lacking to ensure all seized items logged in FileOnQ reach the Property Control Unit,” the report says.
Additionally, the report said police do not keep easy-to-retrieve records of time spent on federal cases, do not maintain easily retrievable required reports beyond mandated deadlines with inaccuracies and has misapplied interest income on federal proceeds from the years 2023 to 2025.
While the record-keeping factors were a concern for the auditor’s office, staff did find that “once property reaches the Property Control Unit, it’s maintained in compliance with inventory control procedures.”
What auditors said Atlanta should do
To close these gaps and ensure compliance with accounting and reporting guidelines, the Atlanta Auditor’s Office made eight recommendations to strengthen procedures for the recording and tracking of seized property.
Those recommendations include:
- Chief of Police establishes specific procedures for capture of and documentation of all high value property at the time it is seized
- Police Chief requires supervisors to obtain and review exception reports in record system each day to identify seized items that remain outstanding and ensure a timely follow-up
- Require officers to proactively report contributions on Justice and Treasury cases to the APD Asset Forfeiture Squad and maintain reports in a centralized, easily accessible location for compliance and equitable sharing program record requirements
- Ensure staff follow reporting requirements to submit accurate and complete reports
- Ensure staff meeting reporting deadlines for annual reports to the Prosecuting Attorneys’ Council of Georgia and the Carl Vinson Institute of government of the University of Georgia
- Ensure that staff submit federal ESAC (Equitable Sharing Agreement and Certification) reports by the required deadline each fiscal year
- Ensure that staff review prior interest allocations and coordinate with federal program partners to resolve any reporting or expenditure issues resulting from the incorrect allocation
- Establish written procedures to allocate, record, and report interest income between the Justice and Treasury equitable sharing programs consistent with program guidelines
What happens next?
According to the auditor’s office, APD officials agreed with all recommendations made.
The department has already begun to implement certain changes based on these recommendations, according to the report.
All but two of the recommendations have been started, the audit report says.
At Tuesday’s Public Safety & Law Administration Committee in Atlanta City Council, the auditor’s report will be discussed along with reports from APD and Atlanta Fire Rescue regarding crime stats and response times. The meeting begins at 1 p.m.
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