FAIRFAX OFFICER ADMITS STEALING CASH

The Fairfax County police officer in charge of the money and property
seized from criminals pleaded guilty in federal court yesterday to stealing
$330,000 of those proceeds over a six-year period before his retirement
last year.

Daniel B. Garrett III, 51, was the first and only asset forfeiture officer
for Fairfax from the time the job was created in 1989, and police
acknowledged yesterday that they had little oversight of Garrett as he
processed millions of dollars seized in narcotics cases.

That system has since changed dramatically, Fairfax Police Chief J. Thomas
Manger said yesterday, expressing bitter disappointment that Garrett had
violated a position of trust.

"This was a very embarrassing incident," Manger said. "This guy betrayed
us. He betrayed our trust, and as far as I'm concerned, there's no penalty
that will do this justice."

Garrett could not be reached for comment yesterday, and his attorney, Alan
H. Yamamoto, declined to comment.

All the thefts involved cash. Garrett stole money from the police property
room about 190 times from 1993 to 1999, according to court records. Neither
police nor federal authorities would discuss how Garrett spent the money,
other than to say it went for "personal uses."

Criminal justice experts said that thefts from police storage lockers are
not unusual but that they typically involve much smaller amounts of money
or property taken over shorter periods of time. "This is certainly an
enormous sum," said Eric E. Sterling, president of the Criminal Justice
Policy Foundation.

No one suspected wrongdoing when Garrett retired in May 1999 after a
28-year police career. He was about to be transferred out of the Fairfax
narcotics unit for unrelated reasons. When Garrett's successor took over
the asset forfeiture job, Manger said, discrepancies were noticed. Manger
then asked the FBI to take over the case, to avoid any perception of bias
in the investigation.

A few months ago, federal prosecutors began negotiations with Garrett and
Yamamoto, which resulted in Garrett's entering a plea yesterday to one
count of theft from a program receiving federal funds. Under federal
guidelines, Garrett faces a sentence of 18 to 24 months in federal prison,
and he must make restitution of the full $330,000. Garrett remains free
until his sentencing Oct. 6.

Fairfax police make substantial seizures about 30 to 40 times a year, said
Capt. Frank Wernlein, commander of the organized crime and narcotics
division. About 90 percent of those seizures are then sent through state
court for possible forfeiture. Since 1989, Fairfax police have reaped more
than $4.1 million in seized revenue.

While forfeiture cases were moving through the system, the money sat in the
Fairfax police property room. That, according to court records, is when
Garrett would take his cut.

In July 1998, for example, police seized $52,371 from a suspected drug
trafficker. Garrett acknowledged yesterday that he took most of that money.

About 140 of the 190 thefts from the property room involved amounts of less
than $1,000. On 19 occasions, Garrett took seized money that was kept in
other places, and the amount in those cases was not listed in court records.

"I think we were in the mind-set that we didn't need to worry about a
dishonest cop," Manger said. "Perhaps we were naive. But it worked for 60
years [the age of the Fairfax police department]. It could go on for this
long because he was the only one that was doing his job. People trusted him."

Sterling said police forfeiture officers sometimes try to circumvent laws
requiring them to share with non-police groups the proceeds seized from
criminals. That may foster an attitude that leads officers "to think they .
. . can break the law" by keeping the money for themselves, Sterling said.
The Fairfax police department, however, is not required to share its
proceeds with non-police groups.

Investigators said they do not believe anyone else was involved in the
thefts, and Wernlein detailed extensive checks and procedures that are now
in place for handling forfeited cash and assets.