A. The State, after
assessing all of the facts in the case, including any valid defenses, must be
satisfied that it can meet its burden of proof, which is a preponderance of the
evidence ( 15 M.R.S.A. §5822(3) ).
The State must evaluate the property to be
seized. The evaluation of the property shall include the following
1. outstanding liens or third
3. problems and costs of
preservation and storage;
6. wrongdoer's interest in
7. whether appropriate
reports and petitions have been filed in a timely manner. See,
e.g., 15 M.R.S.A. §5823(1) & (2).
C. The State must be satisfied that the
property to be forfeited has been useful in facilitating, perpetrating, or
rewarding unlawful drug activity.
Requests for the written approval of the
Attorney General of forfeitures pursuant to 15 M.R.S.A. §5822(1)(A) shall
be accompanied by:
1. a letter signed by the
requesting District Attorney or Assistant Attorney General explaining in detail
the findings and basis thereof with regard to I(A)(B) & (C) above, together
with all necessary documentation;
2. copies of all relevant police and
laboratory reports; and,
3. a draft
of the proposed civil complaint seeking forfeiture.
E. The State must be satisfied that the loss
to be sustained by the owner of a forfeited asset by virtue of the forfeiture
is proportional to the culpability of that owner. In making such determination,
the State shall give due consideration to the relative significance of the
owner as a drug distributor and to the quantity of scheduled drugs