As of October 24, 2012, the distribution scheme in Carson County for monies acquired by civil forfeiture of U.S. currency in State court resulting from seizures made by the Texas Department of Public Service is as follows:
- Forty Percent (40%) – Texas Department of Public Safety
- Thirty Percent (30%) – State of Texas General Revenue Fund
- Thirty Percent (30%) – Carson County District Attorney’s Office
Hundreds of thousands of dollars are forfeited to the State of Texas every year in Carson County.
Over the last few months I have noticed a change in how civil forfeitures of U.S. currency are being handled in Carson County. During a recent conversation with someone in the know I learned that if the authorities believe the underlying criminal case is strong, the civil forfeiture case will be filed in State court. If the criminal case is believed to be weak, the forfeiture case will be filed in federal court. It is easier for the government to win in federal court due to proof issues placed on the claimant.