Criminal Defense Lawyers

New Jersey Section 2C:64-7 – Vesting of title in forfeited property

New Jersey Forfeiture Law: What Happens to Property After It’s Seized

New Jersey’s civil forfeiture laws allow law enforcement to seize property connected to criminal activity. But what happens after property is seized? This article explains the process of vesting title under Section 2C:64-7.

The Seizing Agency Must Follow Procedures

Police can’t just take stuff as their own. New Jersey law sets out procedures that must be followed for seized assets to be forfeited (transferred to government ownership). These are found in Sections 2C:64-1 through 2C:64-9.

Procedurally, the agency has to file a lawsuit and give notice to interested parties. They have to specifically identify the property seized and explain why it’s subject to forfeiture. If no one contests forfeiture, the agency still can’t keep the stuff yet. There’s another step…

Title Vesting

Vesting of title is the legal transfer of ownership to the government. Section 2C:64-7 says exactly when this happens:

“Title to property forfeited under this chapter shall vest in the entity funding the prosecuting agency involved at the time the item was utilized illegally”

In plain English, this means whichever agency paid for the investigation and seizure gets to keep the stuff.

The Funding Agency Gets the Goods

So who ends up with the forfeited property? Good question.

The “entity funding the prosecuting agency” means whatever government office paid for the case. This is usually whichever level of government the officers work for:

• State agencies -> Property goes to the State of New Jersey
• County prosecutors and sheriffs -> Property goes to that county
• Local police -> Property goes to that city/town

In many cases, multiple agencies cooperate on investigations. When that happens, they decide together where seized assets should go.

What About Federal Forfeitures?

Local New Jersey police sometimes work with federal agencies like the DEA or FBI. But federal forfeiture law is totally separate from New Jersey’s statutes.

If a joint task force seizes property, federal law determines asset distribution. Usually, this means the federal government keeps most of it. The locals may get a chunk based on their involvement.

The Agency Can Use or Liquidate the Assets

Once title vests with the prosecuting agency, they have full ownership rights. The government can:

• Use tangible property like vehicles for law enforcement purposes
• Auction items off and keep the cash
• Hold onto assets waiting for appeals to end

Sale proceeds and cash go into the agency’s general fund. New Jersey law used to require special forfeiture funds, but that rule was repealed. Now agencies have broad discretion over spending.

Implications: Policing for Profit?

Broad forfeiture powers raise concerns about “policing for profit.” When law enforcement agencies keep seized assets, it creates an incentive to pursue money over justice.

Does vesting title contribute to these problems? Arguably yes. Transferring ownership directly to the seizing agency means they benefit personally from seizures.

However, other states addressed this by [changing what happens to money after vesting]. Reforms include:

• Routing proceeds to general funds instead of law enforcement budgets
• Requiring detailed spending reports
• Limiting use to non-recurring expenses

Similar changes could improve accountability while preserving vesting under 2C:64-7.

Defense Strategies: Contest Early and Often

Fighting civil forfeiture is an uphill battle once property is seized. But all hope isn’t lost. With the right legal strategies, some assets can be recovered.

The best advice? Contest, contest, contest!

• File a claim right away
• Make law enforcement prove the case
• Attack procedural defects
• Negotiate returns if possible

Successfully avoiding vesting also means no title transfer to the state. With good legal help, some seizures can be defeated entirely.

What Happens After Vesting? It’s Complicated

New Jersey’s vesting law is simple in concept. Seizing agencies get forfeited property. But the reality involves complex investigations, laws, and partnerships.

There’s room for reform, but vesting itself isn’t inherently problematic. It’s just one piece of the civil forfeiture puzzle.

This article covered the basics of Section 2C:64-7. Reach out with any other questions!