Total Credits: 1.0 including 0.0 Ethics CLE, 1.0 CLE
The Arizona Legislature made significant changes to Arizona's asset forfeiture statutes, first in 2017 and most recently in 2021 through HB 2810. These changes include extensive reporting requirements for law enforcement agencies on each forfeiture asset and case, additional elements for causes of action and increased burdens of proof for the state, potential liability for police agents and state attorneys, provisions for attorney fees and damages to prevailing property owners, post-seizure hearings for the release of property, release of property to pay for criminal and civil counsel, and a requirement of a criminal conviction of the property owner in order to obtain forfeiture of property. These changes have left law enforcement agencies and prosecutor offices unsure of the proper procedures, practices, viability and potential results of making property seizures and bringing asset forfeiture cases. This webinar will provide an update on the procedures and practices for navigating the current state of Arizona's forfeiture laws, from seizure to judgment, and give examples of contested issues and case results as property owners, state attorneys and the courts apply, interpret and find their way to resolutions under the new landscape.
|Updates on Asset Forfeiture Procedures PowerPoint (1.4 MB)||30 Pages||Available after Purchase|
|Updates on Asset Forfeiture Procedures - Additional Materials (3.5 MB)||86 Pages||Available after Purchase|
Tom Rankin graduated from the University of Arizona in 1983 with a degree in English Literature, and received his Juris Doctor from the University of Arizona College of Law in 1987. He began his career as a prosecutor for the Tucson City Prosecutor’s Office. In 1991 he joined the Asset Forfeiture Unit at the Pima County Attorney's Office, and served as the Unit’s supervisor from 1995-2014. Tom also served terms as supervisor of the Drug Unit, Community Justice Unit, and the Restitution Collection and Enforcement Program, while trying civil forfeiture and felony cases. In 2014 Tom moved to the Arizona Attorney General’s Office where he is Chief Counsel of its Financial Remedies Section in the Criminal Division. Tom has practiced in all state courts in Arizona and in U.S. District Court. He is the attorney of record for the State in a number of published opinions. He presents trainings for prosecutors and law enforcement agencies throughout the state and chairs the statewide Arizona Forfeiture Association.