What is the Asset Forfeiture Fund?
The asset forfeiture fund, also referred to as the Assets Forfeiture Fund (AFF), is essentially a pool of money managed by the Department of Justice (DOJ) in the US. It gets filled with the proceeds from seized assets that were involved in criminal activity or obtained through illegal means.
May 31, 2024
This information is provided for educational purposes only by Kohn, Kohn & Colapinto and does not constitute legal advice. No attorney-client relationship is created by accessing this content. Laws and regulations may change, and this material may not reflect the most current legal developments. If you believe you have a whistleblower claim, consult a qualified attorney to discuss your specific circumstances.
Can the Department of Justice use the Asset Forfeiture Fund (Fund) can be used to pay whistleblower rewards and reimbursements?
Whistleblowers can be rewarded for information “leading to a civil or criminal forfeiture involving various federal agencies. asset forfeiture under the broader authority of the Attorney General to manage the Department of Justice Assets Forfeiture Fund. The Department of Justice is required to report on how the funds are used.
Who can get money from the Fund?
Two types of whistleblowers can obtain money from the Fund. First, people can receive awards if they provide information or assistance that directly leads to a Conviction for specific federal crimes related to drugs, money laundering, terrorist financing, and human trafficking. Additionally, whistleblower can obtain a reward for providing information that leads to a civil or criminal forfeiture.
What regulations govern the payment of an award?
The Attorney General has the discretion to manage the Fund. Currently the Attorney General is considering procedures to govern the fund.
Are there limits on how much can be awarded?
Yes and no. For providing information crimes related to drugs and other specific types of crimes the limit is $250,000. However, payments for providing information resulting in an asset forfeiture have no mandatory statutory limit, but the Attorney General must notify specific Committees of Congress when awards exceed $500,000.
Who decides who gets paid?
The Attorney General or their designated official has the final say on awarding monies from the Fund. The statute does not provide for any judicial review.
Have awards ever been paid under this law?
Yes, although it has been very limited. In FY 2023 the DEA paid $12 million and the FBI paid $1 million in awards.
Where can I find a copy of the law governing the Fund?
Learn the Law
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