Anyone had a problem with DPS "approving" a split of proceeds in non-default asset forfeiture cases for more than 30% to the State? I am used to getting more like 50% when an answer is filed, etc. More work for us, a bigger percentage. Feel a little like DPS is making me sing for my supper!

I think I'm looking at the same proposed local agreement that DPS sent you. I pulled the '11-'13 legislative update & I think that whole 40/30/30 split in the event of a default is in response to subsection c-3 being added to Art. 59.06.

But the splits they're proposing elsewhere in the contract aren't what we've used in the past.

How's Jim?

I have not seen our new agreement yet. Are you getting them from the local DPS office or from Austin?

Ok,

from what I read, most of it is the same except for the split w/ DPS & State; i.e. the DAs still get 30% and DPS /State get 70%, all minus costs. For amounts less than $5,000, the DA's office gets all of the money. IF there is a reason to apply for more than the 30% for the prosecution, the State can ask for that with justifying documentation.

just sent in my first request for funds in excess of the split. wish me luck. been told it is no problem.

If the new statute is followed this will give us a chance to fight for all of the larger cases that DPS has been taking to the Feds. How will anyone know whether there is a default if the State doesn't get a chance to file the forfeiture? How long do the Feds have to file an Administrative forfeiture through the IRS or DEA? Hope it helps everyone at the State level so it will strengthen law enforcement relationships. It's come a long way since the new leader took over DPS.