Call Now!
Call Us 414-326-9231 608-260-7133 Text Us 414-326-4709
${site.data.firmName}${SEMFirmNameAlt}

Asset forfeiture in Wisconsin: report says there is room for improvement

According to a recent study by the Institute for Justice, the state of Wisconsin scores above average, but not as well asset could when it comes to the issue of civil asset forfeiture. We’ve previously spoken about civil asset forfeiture in general, and how it can impact bankruptcy.

The study noted that Wisconsin could particularly stand to improve in the area of transparency. Under Wisconsin, law enforcement agencies are not required to keep track of publicly report their activity in the area of asset forfeiture, leaving unnecessary room for abuse of the process. A brief look at the statistics reveals that police agencies are very active with the process, and received over $51 million through participation in a U.S. Department of Justice cooperative program between 2000 and 2013. That is the 28th highest amount in the nation. 

The Institute for Justice reportedly gave Wisconsin points for laws which stop law enforcement agencies from taking direct possession of seized property. Wisconsin agencies can still participate in “equitable sharing” with the federal government, though.

As we’ve noted before, both creditors and debtors should seek experienced legal counsel when they become involved in a bankruptcy case where the debtor has had assets seized by a law enforcement agency.  For debtors, getting seized assets back in their possession is a priority. For creditors, the concern is ensuring that their right to payment from the debtor is advocated to the fullest possible extent, particularly if they are a victim of the debtor’s alleged criminal activity. 

No Comments

Leave a comment
Comment Information
Email Us For A Response

Free Case Evaluation

* indicates required field

Miller & Miller Law, LLC
  • VISA
  • Master Cards
  • Discover
Milwaukee Office map Madison Office map Kenosha Office map

633 W Wisconsin Ave, Suite 500
Milwaukee, WI 53203

Phone: 414-312-6581
Fax: 414-277-1303
Milwaukee Office

2810 Crossroads Drive
Suite 4001
Madison, WI 53718

Phone: 608-260-7133
Madison Office

6123 Green Bay Road
Suite 210
Kenosha, WI 53142

Phone: 262-326-1669
Kenosha Office

Appleton Office
4321 W. College Ave.
Suite 200
Appleton, WI 54914

Phone: 920-280-3838
Appleton Office

Brookfield Office
200 S. Executive Drive
Suite 101
Brookfield, WI 53005

Phone: 262-261-0665
Brookfield Office

Glendale Office
6001 N. Green Bay Avenue
Glendale, WI 53209

Phone: 414-973-8662
Glendale Office

Fax: 414-277-1303 - We also have offices in Appleton, Glendale and Brookfield to better serve you.