Financial Crime World

Task Force Designated Fiduciary Agency

Streamlining Equitable Sharing Process

In a significant move to improve the equitable sharing process, the [Program Name] has designated [Fiduciary Agency Name], a Program participant and compliant state, local, or tribal law enforcement agency, as the fiduciary agency for all task forces. This decision aims to enhance transparency, accountability, and efficiency in the distribution of equitable sharing funds.

Payment to Individual Task Force Agencies


Compliant state, local, and tribal law enforcement agencies participating in task forces may request and receive equitable sharing payments under their individual NCIC codes by filing an individual Justice DAG-71 or Treasury TD F form. These payments will be processed directly with the requesting agency, ensuring timely and accurate distribution of funds.

Equipment and Operational Expenses


Agencies may purchase or lease equipment and other tangible items, as well as pay direct operational expenses such as:

  • Leases
  • Utilities
  • Cell phones

However, agencies are prohibited from transferring shared funds to task forces or paying for unspecified or impermissible operational expenses, including:

  • Overtime expenses
  • Travel expenses

Compliance


Participating agencies must comply with state, local, or tribal legislation addressing federal equitable sharing and adhere to Program guidelines. Failure to do so may result in suspension of participation in the Program. Agencies are also required to file annual ESACs, even if they do not receive sharing during that period, to maintain compliance.

Civil Rights Compliance


Agencies must comply with applicable nondiscrimination requirements, including:

  • Title VI of the Civil Rights Act of 1964
  • Title IX of the Education Amendments of 1972
  • Section 504 of the Rehabilitation Act of 1973
  • The Age Discrimination Act of 1975

Agencies must also take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency.

Participating in a Federal Forfeiture


To receive an equitable sharing payment, agencies must participate in a federal forfeiture and meet all applicable requirements. Failure to do so may result in denial of the equitable sharing payment or suspension of participation in the Program.

By designating [Fiduciary Agency Name] as the fiduciary agency, the [Program Name] aims to enhance transparency, accountability, and efficiency in the distribution of equitable sharing funds. This decision promotes a more streamlined process for agencies participating in task forces, ensuring that funds are distributed accurately and in a timely manner.