Financial Matters

Asset forfeiture is a civil remedy that may be used to supplement a criminal case.   The Saline County Attorney’s Office files civil forfeitures in many cases each year. Most of these cases are crimes involving drugs, usually drug trafficking. The process for a civil forfeiture case is strictly outlined by KSASFA. When property involved is seized by one of three law enforcement agencies (Saline County Sheriff’s Office, Salina Police Department, and Kansas Highway Patrol), a request for forfeiture must be directed toward the County Attorney’s Office within 45 days.

For more information on civil forfeiture cases in Saline County, contact the Saline County Attorney at (785) 309-5815.

The following offenses are covered under the Kansas Asset Seizure and Forfeiture Act (KSASFA).   Conduct and offenses giving rise to forfeiture under this act,  whether or not there is a prosecution or conviction related to the offense, are:

(a) All offenses that statutorily and specifically authorize forfeiture.

(b) violations involving controlled substances, as described in K.S.A. 2016 Supp. 21-5701 through 21-5717, and amendments thereto;

(c) theft, as defined in K.S.A. 2016 Supp. 21-5801, and amendments thereto;

(d) criminal discharge of a firearm, as defined in K.S.A. 2016 Supp. 21-6308(a)(1) and (a)(2), and amendments thereto;

(e) gambling, as defined in K.S.A. 2016 Supp. 21-6404, and amendments thereto, and commercial gambling, as defined in K.S.A. 2016 Supp. 21-6406(a)(1), and amendments thereto;

(f) counterfeiting, as defined in K.S.A. 2016 Supp. 21-5825, and amendments thereto;

(g) unlawful possession or use of a scanning device or reencoder, as described in K.S.A. 2016 Supp. 21-6108, and amendments thereto;

(h) Medicaid fraud, as described in K.S.A. 2016 Supp. 21-5925 through 21-5934, and amendments thereto;

(i) an act or omission occurring outside this state, which would be a violation in the place of occurrence and would be described in this section if the act occurred in this state, whether or not it is prosecuted in any state;

(j) an act or omission committed in furtherance of any act or omission described in this section including any inchoate or preparatory offense, whether or not there is a prosecution or conviction related to the act or omission;

(k) any solicitation or conspiracy to commit any act or omission described in this section, whether or not there is a prosecution or conviction related to the act or omission;

(l) terrorism, as defined in K.S.A. 2016 Supp. 21-5421, and amendments thereto, illegal use of weapons of mass destruction, as defined in K.S.A. 2016 Supp. 21-5422, and amendments thereto, and furtherance of terrorism or illegal use of weapons of mass destruction, as described in K.S.A. 2016 Supp. 21-5423, and amendments thereto;

(m) unlawful conduct of dog fighting and unlawful possession of dog fighting paraphernalia, as defined in K.S.A. 2016 Supp. 21-6414(a) and (b), and amendments thereto;

(n) unlawful conduct of cockfighting and unlawful possession of cockfighting paraphernalia, as defined in K.S.A. 2016 Supp. 21-6417(a) and (b), and amendments thereto;

(o) selling sexual relations, as defined in K.S.A. 2016 Supp. 21-6419, and amendments thereto, promoting the sale of sexual relations, as defined in K.S.A. 2016 Supp. 21-6420, and amendments thereto, and buying sexual relations, as defined in K.S.A. 2016 Supp. 21-6421, and amendments thereto;

(p) human trafficking and aggravated human trafficking, as defined in K.S.A. 2016 Supp. 21-5426, and amendments thereto;

(q) violations of the banking code, as described in K.S.A. 9-2012, and amendments thereto;

(r) mistreatment of a dependent adult, as defined in K.S.A. 2016 Supp. 21-5417, and amendments thereto;

(s) giving a worthless check, as defined in K.S.A. 2016 Supp. 21-5821, and amendments thereto;

(t) forgery, as defined in K.S.A. 2016 Supp. 21-5823, and amendments thereto;

(u) making false information, as defined in K.S.A. 2016 Supp. 21-5824, and amendments thereto;

(v) criminal use of a financial card, as defined in K.S.A. 2016 Supp. 21-5828, and amendments thereto;

(w) unlawful acts concerning computers, as described in K.S.A. 2016 Supp. 21-5839, and amendments thereto;

(x) identity theft and identity fraud, as defined in K.S.A. 2016 Supp. 21-6107(a) and (b), and amendments thereto;

(y) electronic solicitation, as defined in K.S.A. 2016 Supp. 21-5509, and amendments thereto;

(z) felony violations of fleeing or attempting to elude a police officer, as described in K.S.A. 8-1568, and amendments thereto;

(aa) commercial sexual exploitation of a child, as defined in K.S.A. 2016 Supp. 21-6422, and amendments thereto;

(bb) violations of the Kansas racketeer influenced and corrupt organization act, as described in K.S.A. 2016 Supp. 21-6329, and amendments thereto;

(cc) indecent solicitation of a child and aggravated indecent solicitation of a child, as defined in K.S.A. 2016 Supp. 21-5508, and amendments thereto;

(dd) sexual exploitation of a child, as defined in K.S.A. 2016 Supp. 21-5510, and amendments thereto; and

(ee) violation of a consumer protection order as defined in K.S.A. 2016 Supp. 21-6423, and amendments thereto.

The following property is subject to forfeiture:

(a) Property described in a statute authorizing forfeiture;

(b) except as otherwise provided by law, all property, of every kind, including, but not limited to, cash and negotiable instruments and the whole of any lot or tract of land and any appurtenances or improvements to real property that is either:

(1) Furnished or intended to be furnished by any person in an exchange that constitutes conduct giving rise to forfeiture; or

(2) used or intended to be used in any manner to facilitate conduct giving rise to the forfeiture, including, but not limited to, any electronic device, computer, computer system, computer network or any software or data owned by the defendant which is used during the commission of an offense listed in K.S.A. 60-4104, and amendments thereto;

(c) all proceeds of any conduct giving rise to forfeiture;

(d) all property of every kind, including, but not limited to, cash and negotiable instruments derived from or realized through any proceeds which were obtained directly or indirectly from the commission of an offense listed in K.S.A. 60-4104, and amendments thereto;

(e) all weapons possessed, used, or available for use in any manner to facilitate conduct giving rise to forfeiture;

(f) ownership or interest in real property that is a homestead, to the extent the homestead was acquired with proceeds from conduct giving rise to forfeiture;

(g) contraband, which shall be seized and summarily forfeited to the state without regard to the procedures set forth in this act;

(h) all controlled substances, raw materials, controlled substance analogs, counterfeit substances, or imitation controlled substances that have been manufactured, distributed, dispensed, possessed, or acquired in violation of the laws of this state; and

(i) any items bearing a counterfeit mark.

The County Attorney’s office has a restitution officer available to investigate the victim’s loss and assist the victim in their request for restitution.

For information regarding restitution in any criminal matter, please contact the restitution officer at (785) 309-5815.

It is the policy of the Saline County Attorney's office to seek an order of restitution on behalf of a victim in a criminal or juvenile case. Our office has a staff member available to assist you in making a claim for restitution. We can also assist you in making a claim for restitution through the Crime Victims Reparation fund.

Restitution in a criminal case is generally ordered at fair market rather than replacement cost. Once restitution is ordered, it is the responsibility of the probation officer to see that payments are made. Offenders who serve their underlying sentence are not always required to pay restitution.

Restitution orders may be converted into a civil judgment. A certified copy of any judgment of restitution from a criminal case can be filed with the clerk of the district court of the county where restitution was ordered. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings as a judgment of a district court of this state and maybe be enforced or satisfied in a like manner. Judgments of restitution will not bar any subsequent civil remedy or recovery, but the amount of any restitution paid shall be set off against any subsequent civil recovery. A judgment of restitution shall not constitute an obligation or liability against any insurer or any third-party payer.

You should contact a private attorney for assistance in collecting the judgment and advising you about the life of your judgment.

Whether or not the judge orders restitution in a criminal/juvenile case, you might have civil remedies. You should consult a private attorney for advice.