DRUG LINK COMMON IN FORFEITURE CASES

DA's Office Says 85 Percent Deal With Narcotics

Based on a random sample of recent asset forfeiture cases filed by the
Clark County district attorney's office, it appears the most frequent
precursors to a forfeiture are involvement in narcotics, being from Detroit
and hiding cash from the police.

"About 85 percent of the cases that come across my desk have to do with
drugs, and around 7 percent are for pandering," said Deputy District
Attorney Steve Owens, who handles many forfeiture actions.

Resistance to forfeiture is the exception rather than the rule. Because
asset forfeiture is a civil proceeding, the owners of the property have no
constitutional right to counsel and thus must pay for any recovery effort
out of their own pockets.

Defendants who also face criminal charges are in an especially tight bind
when it comes to contesting the civil forfeiture. A former deputy district
attorney noted that any statements or admissions defendants make in the
civil case, where they can't assert the protection of the Fifth Amendment,
could come back to haunt them in the criminal matter.

Even if defendants can obtain private counsel and aren't worried about the
effects opposing the forfeitures could have on their criminal cases, if
they lose they could be forced to pay all attorneys' fees and costs
incurred by the county. Indeed, the last page of most forfeiture complaints
specifically asks the court to award the county fees and costs against all
unsuccessful claimants in the case.

In drug cases, state law allows police to consider any cash in excess of
$300, found in a suspect's possession, to be considered the product of
criminal activity. Mark Wagman learned that in September, when Las Vegas
police and federal agents raided his parents' home based on their belief
Wagman was a methamphetamine "cooker."

Police never found any meth, only some unspecified chemicals that could be
used in manufacturing the drug. Nevertheless, they seized $13,891 in cash
and a .32-caliber handgun. The U.S. attorney began prosecution, and the
Clark County district attorney's office began forfeiture proceedings.

This pattern was repeated in February, when police raided April Duran's
house after a confidential informant allegedly bought cocaine there. While
neither Duran nor Michael Zimmerman, who is alleged to be her
co-conspirator, was home, detectives did seize 81.3 grams of marijuana, two
digital scales, several plastic bags, "owe sheets" showing $70,000 in
liabilities, one .22-caliber revolver, one assault rifle and $1,550 in cash.

In Jerry Lankford's case, it was his failure to register his 2000 Yukon GMC
and his alleged fondness for crack that led to its seizure.

On Feb. 17, officers stopped him near Casino Center Boulevard and Colorado
Avenue because his vehicle lacked license plates and registration. After
Lankford consented to two searches, the police drug dog found 100 rocks of
crack cocaine. Police arrested Lankford and towed the SUV.

Ruben White was seated behind the wheel of his 1997 Toyota Camry during the
early hours of Jan. 31 talking to a pedestrian, who happened to be in the
middle of the road, when police approached.

Since this discourse took place around La Salle Street and Balzar Avenue,
which the police consider a drug-sales area, they stopped both men. Since
White was driving with a suspended license, officers searched the car and
found 28 grams of cocaine and $51.

After seizing the contraband, police initiated asset-forfeiture proceedings
against the car.

Thanks to asset forfeiture, narcotic stings by the Las Vegas police can
pack an extra wallop, as Angel Gonzalez learned last November. According to
court papers, Gonzalez agreed to sell 9 grams of cocaine to undercover
detectives at Pink E's Bar and Grill near Flamingo Road and Valley View
Boulevard.

When the bust went down, both Gonzalez and his 1985 Chevrolet Corvette fell
into police custody.

In another case, while helping a woman move from her home after an
eviction, an officer decided to run a records check on another occupant of
the dwelling, Carl Johnson.

After discovering that Johnson was a convicted felon, officers asked the
woman for permission to search the residence. Once they turned up 17.4
grams of marijuana, 4.85 grams of methamphetamine and $1,300, Johnson
arrived and allegedly admitted to selling drugs. Police seized the cash as
the probable fruit of an illegal enterprise.

In at least one case, a concerned father blew the whistle on his son. Last
August, Adnan Abukhater called police alleging his son Amir was smoking
dope and trashing the apartment they shared. When officers arrived, they
confiscated 651 grams of marijuana and seized $2,088 in cash and a Radio
Shack police scanner.

Last Halloween, Hussein Khweis tried to convince detectives that the $1,565
they found on his person was part of his high-roller costume. Since the
police also found a crack pipe in Khweis' pants when they detained him at
the San Remo Hotel, they seized the cash.

Sometimes, an officer has to be travel agent more than detective. Last
December, officers intercepted Charles Criddell at McCarran International
Airport after he flew in from Detroit and seized $31,950 he was carrying.
Criddell's crime? Among other things, flying in from a "known (narcotic)
user city" and purchasing his ticket just before departure.

Shortly thereafter, police stopped Detroiter Thomas White after he failed
to make his connecting flight to Sacramento. After Thomas consented to
multiple searches, officers found $18,500 in his shoes. Since the police
drug dog detected narcotic residue on the money, officers seized the cash.

Thomas is contesting the matter but his attorney, Stanley Walton, could not
be reached for comment.

While narcotic and narcotic-related transactions account for the majority
of most local forfeitures, other crimes can also lead to an asset seizure.

In one case, the testimony of a 16-year-old prostitute led to the seizure
of $1,840 in cash, three cellular telephones and one pager from Carrie
Wilkins. The youth said she had worked for a pimp for about a month and
turned over more than $3,000 to Wilkins, who was acting as the pimp's
go-between.

Wilkins' attorney, Frank Kocka, declined comment on the matter because of
Wilkins' pending criminal case.