Hawaii Administrative Rules
Title 5 - DEPARTMENT OF THE ATTORNEY GENERAL
Subtitle 5 - FORFEITURES
Chapter 51 - ADMINISTRATIVE ASSET FORFEITURE
Subchapter 8 - ENFORCEMENT
Appendix E - Deposit of Currency - Procedures
I. There are two different currency deposit designations:
1. Seized Currency
Seized currency is currency that has been seized for forfeiture (as opposed to being seized for evidence). A Notice of Seizure for Forfeiture should have been served upon all known parties by the police or other law enforcement agency (i.e. Narcotics Enforcement Division of the State Department of Public Safety),
2. Forfeited Currency
Forfeited currency is currency that has gone through the administrative forfeiture process and an Order was filed by the Attorney General granting the forfeiture of the currency or currency received/retained through a Settlement Stipulation.
II. Deposits with the Attorney General
The Attorney General has one First Hawaiian Bank account, into which agencies may deposit currency. Within that bank account are three funds:
1. 906 Account is for seized currency.
2. 320 Account is for forfeited currency.
3. A third fund is used by the Attorney General to hold cost bond monies paid by persons seeking the return of their seized property through the judiciary.
III. Which fund should the currency go into?
Is there an Order granting forfeiture of the currency (including any currency received/retained pursuant to a Settlement Stipulation)?
1. NO: Deposit currency into 906 Account
2. YES: Deposit currency into 320 Account
IV. Preparing the Deposit
1. Deposits to the same account may be made individually or in bulk. Deposits made individually have a deposit slip for each case. Deposits made in bulk will have a number of cases made utilizing one deposit slip.
2. Keep 906 Account deposits (seized currency) separate from 320 Account deposits (forfeited currency).
3. Prepare two (2) deposit slips.
NOTE: Original slip is for the bank.
b. The second slip should be validated by the bank on the front of the slip and along with the bank deposit receipt (looks like a cash register receipt) should be sent to the Attorney General. See Part VI. below.
NOTE: The State Department of Budget and Finance prefers the use of the pre-printed deposit slips. If you need to order more deposit slips, please contact the Legal Clerk of the Asset Forfeiture Unit to have more deposit slips ordered. Please have the number of slips needed, the branch you want to pick the slips up from, the contact person, and the contact phone number. The bank takes about 5-10 business days to have the slips completed and delivered.
V. Making the Deposit
Deposits can be made at any branch of First Hawaiian Bank.
VI. Sending Deposit Receipts to the Attorney General
1. Send the validated deposit slips and bank deposit receipts to the Attorney General as soon as possible.
NOTE: If a deposit receipt is received by the Attorney General and a Petition is not filed within one-year from date of deposit, the monies will be returned to the County Police Department.
2. Also complete and send the Deposit of Funds Form listing the following information (use separate forms for seized currency deposits (906) and for forfeited currency deposits (320)).
Report No: Your report number
A.G. No: Our A.G. or Court Case Number (For seized currency deposits (906), there may not be an A.G. Number assigned yet so unless you have an A.G. Number, this may be left blank.) Name(s): Provide at least one name of the interested part(ies)
Amount: Amount of the deposit
Deposit Date: Date of deposit
3. Send the Deposit of Funds form(s), validated deposit slip(s) and bank deposit receipt(s) to:
Department of the Attorney General Civil Recoveries Division
Asset Forfeiture Unit
425 Queen Street
Honolulu, Hawaii 96813-2903
NOTE: The Attorney General no longer receives a reconciliation report from the State Department of Budget and Finance. Therefore, the failure to properly account for the currency could result in the currency being transferred to the State's General Fund (and loss to Asset Forfeiture program). The loss to the General Funds will be the burden of the County if the Attorney General failed to receive deposit receipts.
VII. Contact Information
Civil Recoveries Division
Phone: (808)586-1100
Fax: (808) 586-8116
