It is unclear what policy rationale, if any, justifies a lower standard of proof in some forfeiture cases than in others. Mortg. If the court finds that the state has met its low burden, then the owner is placed in the untenable position of having to prove his or her innocence. Under Illinois law, the vast majority of forfeiture proceeds go to the budgets of the law enforcement agencies that initiate and litigate them. [13] While the law typically requires notice to be sent by mail to known property owners, unlike in most civil lawsuits, owners are not required to be personally served with a summons and complaint to ensure that they do in fact receive proper notice of the action being taken against them. Public Surplus Auction - Cook County Government, Illinois 311 N. Parkside Avenue, Chicago, Illinois 60644: ONLINE AUCTION: Online Auction Starts: Wednesday, August 5, 2020 at 10:00 am CT (11:00 am ET) Online Auction Ends: Wednesday, August 5, 2020 at 1:00 pm CT (2:00 pm ET) [38] 720 Ill. Comp. The rules of evidence do not apply in these preliminary hearings.[53]. It is likely that more than a few individuals whose property is seized on the basis of alleged drug possession may suffer from addiction or other substance use disorders, and may live in poverty. Real Estate and Merchandise - GovSales (some online) Fleet Vehicle Sales - GSA. 5/33G-6(b); 720 Ill. Comp. Ann. Illinois Tax Deeds | Illinois Tax Liens - iltaxsale Currently, there are numerous laws throughout the Illinois Compiled Statutes that pertain to forfeiture. The Internal Revenue Code requires that seized property be sold by Public Auction or Sealed Bid Auction. Therefore, it is important that any legislation that reforms forfeiture procedures under Illinois law must also strictly limit Illinois law enforcement agencies participation in federal forfeitures. Major substantive reforms are also required. Laws 333.7523(1)(c); Rhode Island, 21 R.I. Gen. Laws 21-28-5.04.2(h)(4), (7); Tennessee, Tenn. Code Ann. Different forfeiture laws require different standards of proof for the government to meet its burden in a forfeiture case. Listings of Kankakee, IL seized property auctions - Local Public Auctions Sealed Bid Auction Information - Bond County, Illinois SINGLE FAMILY HOME: 4125 Baisden Road, Pensacola, Florida 32503 ONLINE AUCTION DATE: Friday, June 23, 2023 Despite the usual rule barring admission of hearsay testimony, the prosecutor but not the property owner can admit hearsay evidence in the case. [68], Unlike other Illinois forfeiture statutes, Article 36 provides no fixed formula for dividing proceeds of property forfeited under that law. Article 29B of the Illinois Criminal Code is Illinois money laundering law. If you are a current GovernmentAuctions.org While there is significant variance among Illinois numerous forfeiture laws with regard to the procedures and standards that govern different kinds of forfeiture cases, some of the significant features of these laws are described in this section. [54] 720 Ill. Comp. Under those statutes, seized property will be automatically forfeited without judicial involvement unless the owner has, within 45 days of the state sending him or her notice of the proceeding, filed a verified answer with the court and posted a cost bond equal to 10 percent of the value of the seized property. As detailed in this report, millions more dollars in property are seized in Illinois under federal law than under state law. Stat. [5] U.S. Department of Justice website, https://www.justice.gov/afp. Va. 2012). whether the forfeiture was criminal, civil or administrative; similarly detailed accounting needs to be made regarding how agencies spend the proceeds of forfeitures whether for equipment, salaries or other expenditure permitted by law. Stat. Rock Island, Decatur, Peoria, Chicago and Moline lead the state in the number of asset seizures per resident. US Dept of the Treasury Seized Real Property Auctions - Upcoming Auctions 150/2). However, the practice remained relatively obscure until the War on Drugs of the 1980s and 1990s. 15, 5822(3); Mississippi Code Ann. One solution to this problem is to send the proceeds for forfeitures to the general revenue fund of the state treasury rather than directly to law enforcement agencies. Stat. Sort. Stat. Under authority of the Internal Revenue Code, the property described here has been seized or acquired for nonpayment of internal revenue taxes and will be sold. Great Neck, NY 11021 And the government should never be able to permanently take away peoples property without a conviction or admission of guilt. Most of Illinois forfeiture laws provide that, when cash is forfeited or physical property is sold at auction, the proceeds are to be divided entirely among law enforcement agencies, in the following manner: In some cases, the law requires a portion of the proceeds to be set aside for a special purpose. 815-932-7141. Stat. No reporting of seizures or forfeitures whatsoever is required under Article 36 of the Criminal Code, or under any of Illinois many other forfeiture laws. Even if the owner manages to win the case, he or she will still be responsible for 10 percent of the bond he or she posted for the right to have his or her day in court, and cant recover attorneys fees (in the event that he or she had the resources to hire a lawyer). Stat. By far the largest amount of seizures take place in Cook County again, this is unsurprising given its size and population relative to the rest of the state of Illinois. The high cost of challenging a seizure, and the fact that many who face seizure of their property cannot afford private legal representation, means that innocent people can be effectively denied access to justice. Stat. Police Auctions in McHenry, IL Learn more about government property for sale and used police car auctions in addition to our list of police auction locations near McHenry, IL. A second limitation of the Illinois State Police data is that they dont clearly differentiate among seizures as to which were subject to civil as opposed to criminal forfeiture, and under which statute forfeiture was sought, so its difficult even to begin to distinguish when property may have been seized from an innocent owner. Assn, 909 F. Supp. This practice can exacerbate impoverishment and harm the persons innocent children and family members. iBid - Illinois IX, 7; Mo. But if Illinois joins the other states that have enacted reforms such as requiring a criminal conviction as a prerequisite to forfeiture, raising the standard of proof to clear and convincing evidence, establishing greater protections for innocent owners, and ending improper financial incentives then Illinois law enforcement agencies may be tempted to turn to federal law in order to sidestep those reforms and keep the forfeiture money flowing. Seizure of property occurs when the police or another arm of state or local government takes custody of private property, and is generally authorized whenever an officer has probable cause to believe that the property was derived from, or used in the commission of, a crime. (IL). But reform is possible. Advertisements Police Auctions in Naperville, IL Browse our police vehicle auction listings today. 815-433-2131. Civil asset forfeiture is intended as a tool to reduce crime; therefore, as a matter of public policy, it should be authorized only where there is a logical link between forfeiture of the property and a beneficial public safety outcome. To see Foreclosures that are located in IL please click here . 1040/9). The Illinois General Assembly should therefore amend the law to prohibit forfeiture on the basis of drug possession offenses that do not involve the manufacture of or intent to deliver drugs. [72] 725 Ill. Comp. Real and Personal Property Sales. Illinois statutes authorizing asset forfeiture (civil or criminal), Violations of Illinois law for which forfeiture is authorized under Article 36 (Vehicles, Vessels and Aircraft) of the Criminal Code of 2012, Violations of Illinois law for which forfeiture is authorized under Article 124B of the Illinois Code of Criminal Procedure, Chicago Office | Illinois Policy Property Room makes our auctions available on an ongoing basis, 24 hours a day, 7 days a week. [18] Iowa Code 809A.13(7); Texas Code Crim. States like Michigan have revamped the forfeiture reporting process to require law enforcement agencies to report seizures and forfeitures to thestate police, who must then issue an annual report detailing them on its website. [40], Illinois Street Gang and Racketeer Influenced and Corrupt Organizations Law, or RICO law, allows criminal prosecution of individuals alleged to be participants in certain organized crime enterprises. Surplus Property: 0 items: Housing Authority of Cook County HACC Surplus Material: 0 items: ICI Surplus Items Illinois Correctional Industries: 0 items: IL-State-Treasurer UNCLAIMED PROPERTY AUCTION: 0 items: Illinois State Police Illinois State Police Vehicles - Located Across the State of Illinois: 0 items: ILLINOIS TOLLWAY There can be no serious debate that having ones property permanently confiscated constitutes a punishment. Drawing on data from Freedom of Information Act requests to Illinois State Police and the U.S. Department of Justice, this report sheds light on how much specific law enforcement agencies are taking in Illinois under state and federal asset forfeiture laws. Police Auctions Listings. Should you have questions regarding the auction website or any of the auctions, please email OCPO.Events@CookCountyil.gov or contact the Procurement Office @ 312.603.5377. Bond County, IL Online Property Auctions & Foreclosures for Sale [21] Nebraska Rev. Stat. The totals below describe the number of reported seizures discrete interactions where law enforcement physically took private property under state or federal law and the value of the property seized (values are exact for seized cash but estimated for vehicles and other forms of property). Since 2005, Illinois has pocketed more than $319 million from private citizens throughout the state. If the property owner wins, he or she still relinquishes 10 percent of the bonds value in court fees, and still has his or her own legal costs to cover. Usually the property is to be sold at auction, after which the proceeds may be deposited into law enforcement budgets (as in most states, including Illinois),[24] general revenue funds,[25] or diverted to one or more special-purpose funds,[26] depending on the requirements of the relevant statutes. We are a premier full-service private auction company liquidating property seized by police and federal agencies, property from abandoned safe deposit boxes, seized bank assets, bankruptcies, financial institutions, business inventory liquidations, and other consignors. Please be sure and drive to the location of any property you are interested in, as the addresses listed in the booklet are not guaranteed. Illinois Police agencies are mandated by statute to auction seized, found, and unclaimed property at public auctions. Physical Address 900 W Liberty Drive Wheaton . t 312.346.5700 f 312.896.2500, Copyright 2023 Illinois Policy | Illinois' comeback story starts here. 11, no. Elected Officials Misconduct Forfeiture Act (5 ILCS 282/1 et seq. 2d 490 (E.D. . Rev. Once police seize property on the suspicion that it is connected to a crime, the burden of proof is essentially on the owner to prove that the property should not be permanently forfeited to the government if he or she can afford to challenge the taking at all. Your are NOT logged in! Exactly how much is gained by Illinois law enforcement through asset forfeiture, and which agencies are responsible for the bulk of asset seizures? [36] See Appendix B (listing offenses for which Article 36 authorizes forfeiture). Stat. Winnebago County, IL Police Car Auctions [4] For instance, a legislative declaration in Illinois own Drug Asset Forfeiture Procedure Act states in relevant part: The General Assembly further finds that the federal narcotics civil forfeiture statute upon which this Act is based has been very successful in deterring the use and distribution of controlled substances within this State and throughout the country. (725 Ill. Comp. Outside of forfeiture cases, most civil actions in American courts are in personam: lawsuits filed against a specific person or persons, who must be joined as parties and served with a summons and complaint to give the court jurisdiction to try the case. And what can be done to ensure property owners face a fair, efficient and equitable process when their property is seized? Property Auctions - Illinois Department of Transportation 646/85(d). No data about these seizures or forfeitures are available through the State Police, with the exception of property seized by the department itself. Auctions of Real and Personal Property 1 | Internal Revenue Service Illinois gained over $319 million from assets that were forfeited between 2005 and 2015. From 2005 through 2014, approximately$31 million a year on average was extracted from Illinoisans through forfeiture on the state level and that number doesnt even include additional Article 36 vehicle forfeitures, potentially numbering in the thousands annually, that are never reported. [11] Any judgment entered in an in personam action applies only to the defendant, and may be enforced anywhere that he or she may be. [44], In addition to the laws enumerated above, there are numerous other Illinois statutes authorizing the seizure and forfeiture of property on the basis that the property is connected to some violation of the law. starts here. IRS Auction - Main Menu - United States Secretary of the Treasury Stat. Illinois Auctions & Auction Houses | IL Estate Sales, Auto Auctions Foreclosure and Bank Owned Auctions in Illinois Police Auctions Listings. 31-27-7(B). Specifically, we use third-party log analytics software called Urchin that uses log files to track this non-personally identifiable information about visitors. [7] Bryant Jackson-Green, Illinois Policy Institute Poll: Robust Support for Criminal Justice Reform, Illinois Policy Institute, August 2016, https://files.illinoispolicy.org/wp-content/uploads/2016/08/Criminal-Justice-Poll_Report_8.41.pdf. [1]Federal law enforcement took in more than $404 million in Illinois over the same time period.[2]. Stat. Furthermore, the data Illinois State Police do provide can be internally inconsistent. Even if the claimant prevails in the forfeiture case, the law provides that the circuit court clerk shall retain 10 percent of the bond amount as costs.[54]. Exactly how much private property has been taken from Illinois residents? USA, Government Auctions Listed by State / Territory (ALL), | Federal Government Seized Property Auctions, | Federal Government Surplus Property Auctions, Become a Fan of GovernmentAuctions.org on Facebook. For instance, under Section 124B-305 of the Code of Criminal Procedure, 50 percent of the proceeds of assets forfeited in connection with a prosecution for involuntary servitude, human trafficking or a related offense must be deposited into the Specialized Services for Survivors of Human Trafficking Fund. 570/505(f). Stat. After the property is seized, the owner has no legal recourse to seek the return of the property until a preliminary hearing at least 14 days after the seizure. [16] In a nonjudicial forfeiture proceeding, the government is never required to present evidence that the property is subject to forfeiture;[17] rather, the property is forfeited by default unless the owner acts swiftly to take the correct legal steps required to contest the forfeiture in court. story The law enforcement agencies making the most seizures are the Chicago Police Department, the Illinois State Police, the Narcotics and Currency Interdiction Team, the Cook County Sheriffs Office and the Decatur Police Department. [1] According to a 2016 Cabrini-Green Legal Aid interview of a Cook County judge, the annual docket of cases heard in the forfeiture courtroom at the Richard J. Daley Center is approximately 2,000, and the ratio of cases is roughly one Article 36 case per two drug forfeiture cases; additionally, according to the website of the DuPage County States Attorneys office, 394 Article 36 forfeiture cases were closed in 2008 in DuPage County alone, http://www.dupageco.org/States_Attorney/States_Attorney_News/2008/30380/. For this reason, the values of property seized and forfeited during these years will not be the same. Jurisdictions that have recently overhauled their forfeiture laws, such as New Mexico, Maryland, Maine and Washington, D.C. (starting in 2018), have enacted laws requiring that all forfeiture proceeds be directed to their general funds, in order to avoid incentivizing law enforcement to take private property. Lawmakers need to adopt meaningful asset forfeiture reforms to better protect the rights and property of Illinois residents. 4 (June 2010). Marshals Service (some online) In-Person Auctions and Sales. 576 (2009); Adam W. Ghrist, Drug asset forfeiture: Will the courts quiet the critics? Illinois State Bar Association newsletter vol. While an argument could be made in support of forfeiting property involved in the sale or manufacture of illegal substances, it is unclear what public safety benefit the state of Illinois hopes to derive by forfeiting property from people whose only alleged crime is the possession of an illegal drug. text. [43] 725 Ill. Comp. But some laws require only that the government show probable cause that the property in question is subject to forfeiture. A criminal conviction is required to forfeit property under most provisions of Article 124B of the Illinois Criminal Code,[46] the Narcotics Profit Forfeiture Act[47] and the Public Corruption Profit Forfeiture Act.[48]. Stat. DIURBA CLOSE-OUT AUCTION. 301 West Lafayette St, Ottawa, IL 61350. This information is accessible to the public only through Freedom of Information Act requests. Stat. Stat. 570/505(d); 720 Ill. Comp. Stat. Clothing. Each property should have a sign on it. [43] This law sets forth the legal standards and procedures for seizing and forfeiting property in connection with criminal prosecutions for a wide range of offenses, including child pornography, human trafficking, animal fighting, public assistance fraud, and terrorism. They have. This is why this report mainly relies on seizure data as reported from individual law enforcement agencies, rather than aggregations by county. Stat. http://www.dupageco.org/States_Attorney/States_Attorney_News/2008/30380/. Surplus, Vehicles, Auctions. for IMMEDIATE ACCESS to all our member resources, including listings of While forfeiture is lucrative for law enforcement, it can be devastating to the people from whom property is taken. If the government succeeds in the forfeiture action, then legal title to the property will be transferred from the property owner to the government. [2] Information received from U.S. Department of Justice pursuant to Freedom of Information Act 2016 request. 5/28-5(c); 720 Ill. Comp. Stat. Search our database of Bond County Property Auctions for free! It is very difficult to even imagine how, in practical terms, a person might expect to succeed at proving a negative that he or she was not involved in a crime, or did not know about or consent to a crime committed by another person. 5/124B-930. Get details about police property auctions, police auction sites, and the sheriff sales in Kankakee, IL. Or check out the sales calendar to see upcoming auctions by date and location. This is somewhat unsurprising because theyre based in parts of the state with higher population numbers (largely Cook and collar counties) and higher crime rates. [22] California Health and Safety Code 11470(g) (requiring knowledge and consent of unlawful conduct by all residents in order to forfeit real property being used as a family residence or for other lawful purposes). If the challenge fails, then the property owner loses the bond and must cover the legal costs of the prosecutors office. Laughlin Constable. On some pages, you can order services, make requests, register for membership, and join our affiliate program. Under Illinois law, a person need never be convicted of any crime or even arrested or charged in order to be permanently deprived of cash, a car, or even a home. [16] 8 U.S. Code 983; 725 Ill. Comp. . During this time, without transportation, she was unable to attend therapy appointments for her broken arm, or even to make trips to the grocery store without help from friends. Rev. 70 Middle Neck Rd., Suite 5 seized, surplus, abandoned property) and foreclosures in Illinois, in every One especially egregious example comes from the Quad Cities. To see Foreclosures that are located in IL please click here. US Dept of the Treasury Seized Real Property Auctions - Bid Results Listed below, in chronological order, are the auction results for real estate property sold in 2023-2018. Ottawa Police Benevolent and Protective Association Unit 18. This means an innocent party could have to pay up to $15,000 upfront, in addition to any legal fees, to contest the forfeiture. It provides for the forfeiture of any property, profits or proceeds or property interest he or she has acquired or maintained through the violation, and property used to facilitate a narcotics racketeering violation. Stat. A judgment in rem operates directly on the property itself and is enforceable against the world at large. At trial, the government is supposed to prove that the property was involved in a crime although at no point must it be proved that the owner committed the crime, or even knew about it. Asset forfeiture is the permanent confiscation of private property by law enforcement agencies at the local, state and federal levels. 5/124B-705; 725 Ill. Comp. Electronics. Search the seized property auctions in Kankakee, Illinois and learn about police motorcycles for sale. art. Stat. Inaccuracy in reporting undermines transparency, preventing news organizations, researchers or even average concerned citizens from having reliable, accurate information from which to judge the utility and appropriateness of actions undertaken in their names. Stat. But losing a vehicle even temporarily can precipitate a cascade of negative consequences in a persons life, including the inability to maintain employment or even to attend court proceedings to try to reclaim the seized property.