Section 80. Audit and certification requirements

A. Prior to disbursement of proceeds by the department, the chief administrative officer of the participating jurisdiction shall sign on its official stationery the following certification:

"I certify that the proceeds applied for and any income or interest derived therefrom will be used for law-enforcement purposes, and will not be used to supplant existing funds from any source whatsoever."

B. Agencies or offices which participate in the distribution of property or proceeds under Chapter 22.1 (§ 19.2-386.1 et seq.) of Title 19.2, agree to maintain records of the use and handling of the respective proceeds or property and any income or interest derived therefrom for a period of three years from receipt. The department may audit the records of the forfeited assets at any time during those three years, and shall report the findings of any such audit to the Criminal Justice Services Board.

C. The department requires that all participants in the Forfeited Asset Sharing Program submit an annual financial statement of receipts and expenditures related to the program, certifying that the proceeds applied for and any income or interest derived therefrom was used for law-enforcement purposes and was not used to supplant existing funds from any source. This certification and a financial statement shall be submitted to the department six months after the close of the designated fiscal year.

Historical Notes

Derived from VR240-04-2 § 8, eff. July 29, 1992.

Statutory Authority

§§ 19.2-386.4, 19.2-386.10 and 19.2-386.14 of the Code of Virginia.