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It appears that millions of dollars of civil forfeiture funds are being kept by law enforcement agencies, prosecutor's offices, and private attorneys hired by prosecutors, rather than turned over to the State for education as required by Indiana law.According to records obtained from the Treasurer's Office, Indiana's 92 counties only paid $95,509.72 in civil forfeiture funds into the common school fund for the past two years, an amount that is only slightly more than $1,000 per county.Indiana's civil forfeiture law works like this: When property or money is seized in connection with certain crimes, often drug related, the prosecutor, or a private attorney hired by the prosecutor, can file a civil action against the property or money acquired. Once it is shown that the property or money was involved in a crime, the court is to make a determination of the law enforcement cost of the action, a figure which can include attorney's fees. Once those costs are paid, the remainder of the forfeiture proceeds are to be paid into the common school fund maintained by the Treasurer of the State of Indiana.
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