Illustration for FOIA 25-139: Forfeitures in cases that fell apart — the office says it has no record
FOIA 25-139 · Denied in full — certified that the record does not exist; no fee quoted, no pages produced

On Friday, June 27, 2025, at 9:02 in the morning, a two-page fax reached the Delta County Prosecutor's Office. It asked a narrow, specific question about money and property: in calendar year 2024, did the office initiate any asset forfeiture action in which the criminal case that justified the seizure was later dismissed, or ended without a conviction? If so, the requester wanted six things about each one — the forfeiture docket number, the underlying criminal case number, what was seized, when the forfeiture was filed, how the criminal case ended, and what finally happened to the property.

He did not ask for a legal opinion. He did not ask for a narrative. He said a summary table, a spreadsheet, or an internal report would do.

On July 17, 2025, the office answered. It denied the request in full, on a certificate of nonexistence: that after a search, and to the best of the coordinator's knowledge and belief, “the public records requested do not exist within the records of the public body under the name nor any other name reasonably known to the public body.” Nothing was produced. No fee was quoted. No exemption was named. The Notice of Denial checks “All” denied and reason box 2, “Record Does Not Exist,” and leaves the exemption box and the redaction box blank.

That answer may well be lawful, and this page says so plainly. Michigan's FOIA does not require a public body to build a report it has never built. But this particular certificate has a feature the others in this archive do not, and it is the reason the file is worth reading. The eighteen-page packet contains no extension notice for request 25-139 at all. The extension form inside it belongs to a different request, 25-129. So the record does not show the office taking the ten extra business days that would explain why a request received in late June was answered in mid-July. It shows a five-business-day clock, a response roughly seven business days past it, and a form for somebody else's file.

How to read this page

Documented facts come from the released packet and are dated and quoted. The agency's position is what the office asserted or did. Legal interpretation is analysis of Michigan's Freedom of Information Act, labeled as such. Open questions are issues the record does not resolve. This page does not claim that the denial was unlawful, and it does not claim that a forfeiture case exists. It examines three narrower things: what a certificate of nonexistence can honestly mean when forfeiture is a civil action with its own court docket, what the office's silence about its search leaves unexplained, and why the packet's only extension notice names a different request.

Summary

FOIA 25-139 asks about the least comfortable category of forfeiture there is. Most forfeiture requests ask how much was taken. This one asked what happened when the case that justified the taking fell apart. If a prosecutor's office seizes a car or cash on a drug charge, and the charge is later dismissed, the public has an obvious interest in knowing whether the property went back. That question is not an accusation. It is the basic accountability question that forfeiture law exists inside of, and it is answerable from records a prosecutor's office and a circuit court both keep.

The office's answer was a certificate of nonexistence. Six numbers describe what came back, and five of them are zero. Zero pages of responsive records. Zero dollars quoted. Zero dollars paid. Zero exemptions cited. Zero forfeiture dockets, criminal case numbers, property descriptions, filing dates, or outcomes. The sixth number is eighteen: the pages in the packet, every one of which is paperwork about the denial rather than a record in it.

There is a version of this file in which the office is simply right, and it deserves to be stated first. Michigan forfeiture is a civil action. It is filed by the prosecuting attorney in the circuit court, it gets its own docket number, and it is litigated separately from the criminal case. If the Delta County Prosecutor's Office never filed a forfeiture in 2024 that was tied to a case later dismissed, then there is no such record, and a certificate of nonexistence is the accurate and lawful answer. Nothing in this packet contradicts that possibility.

But the certificate is a statement about the office's records, and the request was a statement about forfeiture actions. Those are not the same thing, and the letter never draws the distinction. A forfeiture action leaves a trail in at least four places: the prosecutor's own file, the circuit court's civil docket, the county's accounts if property was sold, and the seizing agency's inventory. A certificate that says “the public records requested do not exist within the records of the public body” speaks to the first of those. It says nothing about the second, third, or fourth, and it does not say which ones were checked.

That gap matters more here than it would for an ordinary request, because the requester had already thought of it. On the same day, at almost the same hour, he faxed two companion requests: 25-173, for the 2024 civil asset forfeiture case index from the Delta County Circuit Court, and 25-174, for 2024 asset forfeiture actions with dismissed or unsuccessful criminal cases. Three requests, three custodians, one subject. The office's answer to 25-139 does not mention that the underlying dockets are public court records, does not say whether it searched its own forfeiture files, and does not say whether the answer would be different if the question were put to the court clerk instead.

There is also the matter of the missing extension. A request faxed on June 27 is deemed received on June 30 under MCL 15.235(1). Five business days from June 30, allowing for the July 4 holiday, is July 8. The office answered on July 17. Without an extension, that is late. With an extension, it is comfortably inside the window — and the office clearly knew how to take one, because it took one for 25-137 the same week, and because the packet for 25-139 physically contains an extension form. That form names request 25-129. It does not name 25-139.

This page does not allege a deadline violation. The released packet may simply omit a notice the office issued, and a missing page is not proof of a missing act. What the page does is record what the packet shows and what it does not, because a public body that answers a request late without a notice on file, and that files another request's notice in the same envelope, has created a recordkeeping problem the public can see even without knowing the internal sequence.

What was requested

The request is dated June 27th, 2025, captioned “Michigan Freedom of Information Act Request — Dismissed or Unsuccessful Criminal Cases — 2024 Forfeiture Actions,” and addressed to “Lauren Wickman, Prosecutor” and the FOIA Coordinator at 310 Ludington Street, Escanaba. It was transmitted by fax at 9:02:25 a.m. Eastern, two pages, from the same out-of-state number that carried 25-137 six minutes earlier.

The operative paragraph reads:

“Please provide any records showing asset forfeiture actions initiated by the Delta County Prosecutor's Office during the calendar year January 1, 2024 through December 31, 2024, in which the related criminal case was later dismissed or resulted in no conviction. If available, please include for each forfeiture case: The forfeiture case number or docket number; The underlying criminal case number; A brief description of the property seized; The date of forfeiture filing; The disposition of the related criminal case (e.g., dismissed, acquitted, or not prosecuted); The final outcome of the forfeiture action (e.g., property retained, returned, or sold). A summary table, spreadsheet, or internal report is acceptable.”

Five features of the request shape how it should have been read.

It asked for records, not for a new analysis. The words are “any records showing asset forfeiture actions.” A forfeiture file, a docket sheet, a settlement agreement, a property disposition form, a spreadsheet the office already keeps — any of those would satisfy it. The request did not ask the office to cross-reference its forfeitures against its criminal dispositions and produce a new study. It asked whether records of that cross-reference already exist.

It named the six data points that make a forfeiture auditable. Docket number, criminal case number, property description, filing date, criminal disposition, final outcome. Those six fields are not a wish list. They are what a forfeiture file contains, because a forfeiture cannot be filed without a criminal case number and cannot be closed without a disposition of the property. A requester who names those fields has told the office exactly which drawer to open.

It offered the cheapest possible packaging. “A summary table, spreadsheet, or internal report is acceptable.” That sentence is a requester saying: do not format anything for me. An export, a screenshot, a photocopied log — any of those would do.

It named a delivery format, a cost ceiling, and a fee estimate. The request asked for the records “electronically (PDF, Excel, or CSV) via email or secure download link,” set a fifty-dollar ceiling, and asked for “a written, itemized estimate before proceeding, as required by MCL 15.234” if the cost would exceed it. That is the provision that forces a public body to price the work rather than simply refuse it. Here it produced nothing, because no work was priced.

It asked for exemptions to be named and the rest to be released. “If any portion of this request is withheld, please cite each specific statutory exemption relied upon and provide all reasonably segregable non-exempt information, per MCL 15.244.” That sentence anticipates the obvious objection — that forfeiture files carry names, addresses, and case detail — and pre-empts it by asking for redaction instead of withholding.

One detail about how the office handled the request is worth recording here, because it is documented and it is easy to miss. The response letter says it acknowledges the request “for the following documents,” and then quotes it. The quotation is not complete. It reproduces the core paragraph, the six bullet points, and the “summary table” sentence, and it stops. The preferred format, the fifty-dollar cost limit, and the exemption-and-segregation demand are all missing from the letter's quotation of the request it is denying. The same truncation appears in the 25-137 letter. Whatever the reason — a template, a copy-and-paste of the request's first page — the effect is that the office's own record of what was asked omits the three procedural demands the requester made, and then the office does not answer any of them.

The paper trail

Figure 1 · Interactive

Fifty-four days, and one extension form for the wrong request

Select any marker to read what happened that day and which document records it.

The request
The office
Board of Commissioners

Select a marker on the timeline to read the detail.

Source: the June 27, 2025 request and its fax receipt; the Notice to Extend Response Time dated 7-2-25 bearing request number 25-129; the July 17, 2025 response letter and Notice of Denial; and the August 20, 2025 Board of Commissioners letter, all produced or released in this record.

Figure 1. The only extension notice in the packet names a different request. Nothing in the packet explains the gap between the July 8 deadline and the July 17 answer.

Two details in that timeline deserve a paragraph each.

The first is the extension form. It is real, it is dated July 2, 2025, it checks the volume ground, and it is physically inside the packet the county released in response to 25-139. It is also for request 25-129 — a request for arraignment-to-disposition times that is already in this archive, and one that the office answered by certifying nonexistence and then quoting $2,931.12 for the work. The number is handwritten on the form and legible at high resolution. This site has therefore moved the document to the 25-129 record, where it belongs, and it is listed in the archive's extension-notice register as a linked notice rather than a new one.

What that leaves behind is a gap. If the office did not extend 25-139, its response came about seven business days after the five-day deadline. If it did extend, the notice is missing from the release. Either way the packet does not show the procedural step that would make the timeline ordinary, and a requester reading the release has no way to tell which of the two happened. The distinction is not academic: an extension is a statutory act with a date, a stated ground, and a new deadline, and it is the difference between a timely answer and a late one.

The second detail is the one-day gap between the letter and the form, which recurs across this office's responses. The cover letter is dated July 17, 2025. The signature line on the Notice of Denial is dated 7-18-2025, verified at high resolution on the released copy. A form signed the next morning is ordinary paperwork, not a scandal. It is noted here only because it shows that the denial was still being finalized on July 18, eleven business days after the deadline the statute set.

What was asked, and what came back

Figure 2 · Interactive

Eleven things asked for, one certificate

Select a card to read what was requested and what the office did with it. Filter by outcome with the buttons.

Select a card
3 no answer given 8 certified nonexistent

Source: the June 27, 2025 request, the July 17, 2025 response letter, and the Notice of Denial for Request No. 25-139.

Figure 2. Eight of the eleven items are covered by a single certificate. The other three are procedural demands the office neither granted nor refused.

The scorecard makes the shape of the response visible. Eight distinct requests — a category of forfeiture, six data fields, and any existing report — were disposed of in one sentence. Three procedural demands were not addressed at all. That is efficient, and it is probably lawful, and it is also the reason this file exists: a requester who asks eleven things and receives one certificate cannot tell which of the eleven the office actually considered, or whether it looked for any of them.

Where a forfeiture record would live

The most useful thing this record does is force a question the letter never asks: where would the answer be, if it existed? A forfeiture is not a single document in a single drawer. It is a civil action, and it generates paper in several places at once. The table below lays out the five most likely custodians and what each would hold.

Five places a 2024 Delta County forfeiture would leave a record
CustodianWhat it would holdWhat the 25-139 response says about it
The prosecutor's own case file The forfeiture complaint or notice of seizure, correspondence with the seizing agency, settlement or consent documents, and the internal file linking the forfeiture to the criminal case number. Certified that no responsive record exists. The letter does not say whether these files were searched.
Delta County Circuit Court, civil docket The forfeiture case number, the filing date, the parties, all motions and orders, and the final judgment disposing of the property. Nothing. The letter does not mention the court, and does not say whether the office checked it or asked the clerk.
Delta County Treasurer / county accounts Receipts and disbursements if forfeited property was sold, and any distribution of proceeds to the seizing agency or to the prosecutor's office. Nothing. The request asked for the final outcome — retained, returned, or sold — and the answer does not address where proceeds would be recorded.
The seizing law enforcement agency Property inventory, chain of custody, storage records, and the release or return receipt if property went back to its owner. Nothing. The letter does not identify which agency seized any property, or suggest that the requester ask it.
The office's case-management system Whether a forfeiture module or a forfeiture flag exists, and whether it can be queried by year and by criminal disposition. Nothing. The letter does not describe the system, its fields, or whether a query was run.

Read down the third column and the pattern is plain: five plausible locations, one answer, and no indication that any location other than the first was considered. That is not necessarily wrong. The office is the custodian of its own records, and it is not obliged to answer for the court clerk, the treasurer, or the sheriff. But the request was written by someone who understood that a forfeiture is a civil action, and the answer was written as though a forfeiture were a document that either sits in a prosecutor's drawer or does not exist.

Michigan law — the statutory framework applied here

Legal interpretation: The two principal Michigan forfeiture schemes are the controlled-substances forfeiture provisions, MCL 333.7521 et seq., and the general criminal forfeiture provisions, MCL 600.4701 et seq. Both contemplate a civil action filed by the prosecuting attorney in the circuit court, and both produce a court file with its own docket number. That structure is why the request asked for a “forfeiture case number or docket number” first: the docket number is the key that unlocks everything else. A certificate of nonexistence that does not mention the docket, the court, or the filing date is a statement about the prosecutor's internal files, and it is narrower than the question the requester asked.

There is a further consequence, and it cuts in the office's favor. If the office genuinely never filed such a forfeiture in 2024, then there is no docket number to give, and the certificate is correct. The page does not assert that a forfeiture exists. It asserts that the public cannot tell, from this record, whether the office searched the places where one would be recorded, and that the office had an inexpensive way to say so and did not use it.

The pattern: a question about cases, answered with a certificate

25-139 is the fourth request in this archive to ask for case-level data about the office's own work in calendar year 2024 and the fourth to be answered with a certificate of nonexistence. The table below sets the instances side by side, including the two companion requests the same requester filed the same morning.

Requests for case data about the office's own work, and how each was answered
FOIAWhat was askedWhat came back
25-129 Arraignment-to-disposition times, by case Certified that the records do not exist, then quoted $2,931.12 and a $1,465.56 deposit for 3,544 minutes of work on about 886 cases — in the same response.
25-133 Annual and monthly screening and charging counts Produced one annual table, withheld the monthly counts, and quoted $2,815.20 with a $1,407.60 deposit for the rest.
25-134 Number of criminal cases dismissed in 2024, felony and misdemeanor Ten-day extension for “volume,” then a certificate of nonexistence. $0 quoted, 0 pages produced.
25-136 Number of plea agreements offered and accepted in 2024 Certificate of nonexistence. $0 quoted, 0 pages produced.
25-137 Average charge-to-disposition time in 2024, felony and misdemeanor Ten-day extension for “volume,” then a certificate of nonexistence. $0 quoted, 0 pages produced.
25-139 2024 forfeitures in cases later dismissed or not convicted, with six data fields per case Certificate of nonexistence, with no extension notice for this request in the packet. $0 quoted, 0 pages produced.
25-173 / 25-174 The same subject, put to the Circuit Court and to the office in two companion requests filed the same morning Not in this archive. Listed here because the 25-139 response does not acknowledge that the underlying dockets are public court records.
26-20 Aggregate criminal case filings and dispositions Produced aggregate totals — demonstrating that the office can and does compile case statistics when it chooses to.

The pattern across those rows is not that the office always refuses. It is that the office refuses in a particular shape. When the request can be satisfied with a document that already exists in finished form — an annual screening table, a set of aggregate totals — the office produces it, sometimes for a fee. When the request requires the office to look across its own cases and report what it finds, the office either certifies that the resulting record does not exist or prices the compilation high enough that the request dies. The certificate is the cheaper of the two refusals, and it is the harder one to challenge, because there is no fee determination to appeal and no produced record to test.

25-139 is the purest example of the certificate path applied to a question about cases. The request did not ask the office to compute anything. It asked for records showing forfeiture actions and their outcomes, with six fields that a forfeiture file necessarily contains. The office's answer was that no such record exists — a claim that may be true of its own files and says nothing about the court's.

The appeal, and what it did not address

The requester appealed to the Delta County Board of Commissioners. The Board received the appeal at its regular meeting on August 5, 2025, determined to uphold the denial at a special meeting on August 18, 2025, and Chair John Malnar signed the written notice on August 20, 2025.

The letter is one page. Its operative sentence is: “Your request was initially denied because the response excluded records that the Delta County FOIA Coordinator determined were deemed to not exist.” That is the entire reasoning. The letter does not describe any search. It does not identify an exemption. It does not address the distinction between the prosecutor's files and the circuit court's docket. It does not mention the missing extension notice. It records no vote count and cites no agenda item.

The timing here is worth noting in the Board's favor: the tenth business day after August 5 was August 19, so the determination on August 18 fell inside the statutory period. The written notice, dated August 20, came one day after that period closed — a minor point, and not one this page treats as a violation, since the determination itself was timely.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.240(1) gives a requester two routes: appeal to the head of the public body, or file a civil action in circuit court. The Board of Commissioners is the appeal authority for a county prosecutor's denial, and its determination is what the statute contemplates. But MCL 15.240(2) requires the body to “determine” the appeal, and a determination that restates the coordinator's conclusion without examining its basis is difficult to distinguish from a rubber stamp. The statute does not define how thorough the review must be. It does, however, place the appeal in front of a differently constituted body, which implies that the body is expected to look at something the coordinator did not.

The legal framework, in plain terms

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(1) defines a public record as a writing prepared, owned, used, in the possession of, or retained by a public body in the performance of an official function. A forfeiture complaint, a docket sheet, a settlement agreement, and a property disposition form are all writings of that kind. An answer to the question — whether any such forfeiture was tied to a dismissed case — is not itself a writing unless someone has assembled one. The distinction between a writing and an answer assembled from writings is the hinge on which this file turns.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(5) provides that if a public body does not possess a record, it shall certify that fact in writing to the requester. The certificate in this packet tracks the statutory language closely. If the office genuinely possesses no responsive record, the certificate is the right form of answer, and the office complied with the statute by giving it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.233(4) is the provision the letter does not use. It allows a public body to decline to make a compilation, summary, or report of information, and to decline to provide a certified copy of a record, unless the request is for a record that already exists. The distinction between (4) and (5) is the distinction between “we will not assemble this” and “this does not exist.” A body that relies on (4) is acknowledging the underlying records; a body that relies on (5) is denying them. Choosing (5) when the truth is closer to (4) is not a technicality. It tells the requester there is nothing further to ask for.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.235(2) gives a public body five business days to respond and permits one extension of up to ten business days in defined circumstances, including when the requested records are voluminous. The office took that extension for 25-137 the same week, and the packet for 25-139 contains an extension form — but for 25-129. On the face of the released record, no extension was taken for 25-139, and the response on July 17 came roughly seven business days after the five-day deadline. This page does not allege a violation, because the release may omit a notice the office issued. It records the gap and the misfiled form, because both are visible in the packet and neither is explained by it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.234 governs fees. It permits a public body to charge for the cost of searching, examining, reviewing, and separating records, computed at the hourly wage of the lowest-paid employee capable of the work, plus fringe benefits, and it requires an itemized estimate if one is requested. The request here asked for an estimate in advance if the cost would exceed $50. No estimate was issued. That is consistent with a certificate of nonexistence — there was no work to price — but it also means the requester never learned what the office thought a search of its forfeiture files would cost, which is the information that would have told him whether the office had considered doing it.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.244 requires a public body that withholds exempt material to separate and release the nonexempt portion. Because the office withheld nothing as exempt, the segregation duty was never triggered. The provision is relevant here only because the request invoked it, and because its invocation is evidence that the requester anticipated a redaction problem — names, addresses, case detail — and offered to accept redacted records rather than full ones. The office did not take him up on it, and its quotation of the request leaves the offer out.

Michigan law — the statutory framework applied here

Legal interpretation: MCL 15.240 provides the appeal route the requester used, and MCL 15.240a provides a separate route for challenging an excess fee. Because no fee was quoted, the fee-appeal route was unavailable. That is a structural feature worth naming: a certificate of nonexistence closes both the records question and the fee question at once, leaving only the general appeal and a circuit-court action.

Authorities and sources cited on this page

Show the statutes, cases, and sources cited on this page

Michigan Freedom of Information Act, Public Act 442 of 1976, MCL 15.231 et seq., in particular MCL 15.233(1) (definition of public record), MCL 15.233(4) (compilation and summary), MCL 15.233(5) (certificate of nonexistence), MCL 15.234 (fees and estimates), MCL 15.235 (response deadlines and extensions), MCL 15.240 (appeals and civil actions), MCL 15.240a (fee appeals), and MCL 15.244 (segregation of exempt material).

Michigan forfeiture provisions referred to for the civil-action structure: the controlled-substances forfeiture provisions, MCL 333.7521 et seq., and the general criminal forfeiture provisions, MCL 600.4701 et seq. Both contemplate a civil action filed by the prosecuting attorney in the circuit court, with its own docket number.

Documents relied on: the FOIA request dated June 27, 2025 and its fax receipt; the Notice to Extend Response Time dated 7-2-25 bearing request number 25-129, reproduced with the 25-129 record; the response letter dated July 17, 2025; the Notice of Denial for Request No. 25-139 bearing a signature-line date of 7-18-2025; and the Delta County Board of Commissioners letter dated August 20, 2025 signed by Chair John Malnar. All are reproduced, with requester identifiers removed, in the document list on this page.

Comparisons drawn from other records in this archive: FOIA 25-129 (arraignment-to-disposition times, certified nonexistent and then priced at $2,931.12), FOIA 25-133 (annual screening data produced, monthly counts priced at $2,815.20), FOIA 25-134 (dismissed-case count certified nonexistent after a volume extension), FOIA 25-136 (plea-agreement counts certified nonexistent), FOIA 25-137 (average charge-to-disposition time certified nonexistent after a volume extension), and FOIA 26-20 (aggregate case totals produced).

What would move this forward

The productive next step is not another request to the prosecutor's office. It is a request to the custodian that cannot describe a forfeiture as a document it does not keep: the Delta County Circuit Court clerk. A civil docket index for calendar year 2024, filtered to forfeiture actions in which the county or the people were the plaintiff, would produce the docket numbers, filing dates, and dispositions that 25-139 asked for. Those are existing court records, and a clerk's index is the cheapest possible form in which they exist.

A second route runs through the money. If forfeited property was sold, the proceeds passed through county accounts, and a request to the treasurer for 2024 forfeiture receipts and disbursements would show whether any property was liquidated at all. A year with no forfeiture proceeds is a meaningful answer, and it is one the prosecutor's office is not the only source for.

A third route is narrower and stays with the office. Rather than asking for the forfeitures, ask for the office's written procedures governing forfeiture — who authorizes a filing, what file is opened, where the disposition of property is recorded, and how the office reconciles a forfeiture against the outcome of the criminal case. That is a request for existing policy documents, and it would establish whether the office has a forfeiture recordkeeping practice at all. If it does, the practice describes where the records are. If it does not, that absence is itself the finding.

All three requests are catalogued in our internal working list, with the specific wording and the record that supports each one.

Bottom line

The Delta County Prosecutor's Office was asked whether, in 2024, it took property in forfeiture actions whose criminal cases later collapsed, and what happened to that property. It answered with a certificate that no responsive record exists, produced no page, quoted no fee, and cited no exemption. The denial was probably lawful under MCL 15.233(5), and nothing in this record shows that a forfeiture case exists. But the certificate speaks only to the office's own files, while a forfeiture is a civil action with a circuit-court docket, a filing date, and a disposition recorded somewhere. The letter does not say what was searched, does not mention the court, and does not use the one provision, MCL 15.233(4), that would have let it say honestly that it declines to assemble a list it could produce. And the packet carries an extension notice for a different request, which leaves the public unable to tell whether the July 17 answer was inside the statutory window or seven business days past it.

Documents

These are redacted copies prepared for publication. Requester names, home addresses, personal phone numbers, and email addresses have been removed. Unredacted originals are not hosted on the public web server.