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The King County Auditor’s Office found the King County Sheriff’s Office is lacking necessary transparency and accountability for the civil asset forfeiture program, according to released on Tuesday.

The auditor’s office conducted a review of the King County Sheriff’s Office regarding record-keeping connected to seizures involving alleged drug crimes. The audit found that the sheriff’s office had seized more than $9 million in cash and dozens of cars and houses since 2017.

“The sheriff’s office can seize a person’s property when an officer reasonably believes it was acquired, at least partially, from the sale of drugs,” the stated. “Unless the person successfully challenges the seizure, the sheriff’s office can legally keep most of the property for its own use.”

The agency explained that challenges to seizures are decided by the sheriff unless the person opts for a full court trial. However, auditors said the notifications that a person has a right to challenge the seizure are English-only and “use inaccurate and potentially confusing language.”

The auditor’s office also noted that “the burden of proof to seize assets is lower than a criminal trial, and no arrests or criminal charges are required to seize such property.”

The auditor’s office makes recommendations

The auditor’s office stated the sheriff’s office records are primarily kept in “case-specific paper folders, which require intensive research to determine basic facts about the scale or scope of the program as a whole.”

It then recommended that the sheriff’s office switch to digital record keeping instead of its current paper folder system.

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Why does the King County audit matter?

On the auditor’s office website, the agency explained that being transparent and taking accountability are vital to counteract an abuse of power, especially with the civil asset forfeiture program, where an agency benefits financially.

The auditor’s office also noted that the sheriff’s office is already working to update its system.

“The sheriff’s office is already taking steps to strengthen the controls on their civil asset forfeiture process in response to our audit,” King County Auditor Kymber Waltmunson stated via a news release. “It is encouraging that they are taking improvements to this sensitive, high-dollar practice seriously.”

King County Sheriff’s Office responds

The sheriff’s office echoed the sentiment made by Waltmunson in a statement to MyNorthwest:

We are pleased to note that the auditor recognizes the King County Sheriff’s Office as a leader in this field and an example used for best practices and training for other law enforcement agencies.

The principle recommendation is to move from a paper-based record system to a centralized digital databank, as well as regular bank-balance reconciliations and providing notices of rights in more accessible language.

The audit also emphasized several positive aspects of KCSO’s work. Those include:

• While Washington State Law allows broad authority for law enforcement in seizing private property, the sheriff’s office is known for a conservation and restrained approach.
• The sheriff’s office’s threshold for asset forfeiture is high-level conspiracy cases instead of minor drug offenses.
• In most cases, detectives investigating a case conducted the seizures themselves, where they could provide insight and oversight.
• The sheriff’s office employs a dedicated and specialized staff who are adept at navigating this often nuanced and complex work.
• The audit found no complaints about an abuse of authority or officers working outside the parameters of Washington State Law.

Again, the findings in this report focus on improving recordkeeping for overall program management and reducing barriers for claimants. We have already taken steps to address some of the issues identified.”

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