CHANGE IN SEIZURE LAW COULD AFFECT LOCAL AGENCIES STASHED CASH

SISKIYOU COUNTY -- A fast moving bill recently passed by the House of
Representatives could severely impact the pocketbooks of local drug
enforcement agencies if it becomes law.

The bill, known as The Civil Asset Forfeiture Reform Act of 1999, quietly
passed through the House June 24, by a 375-48 margin. Congressmen Wally
Herger (R-CA) was among those voting in favor of the reform bill which
would drastically change forfeiture guidelines including new provisions to
prevent abuse of the current law.

Claiming current civil asset forfeiture laws impact civil liberties and
property rights, bill sponsors representatives Henry Hyde (R-IL), John
Conyers (D-MI), Bob Barr (R-GA), and Barney Frank (D-MA), additionally
claim the financial lure of seized assets has led to departmental abuse.

Changes in the law would among other things, force the government to prove
that seized property is actually a "fruit of the crime" as opposed to the
current practice of owners having to prove that their property is not guilty.

Upon checking with the Siskiyou County Auditors Office, it was found that
locally, a collective total of forfeited assets accounts totaled almost
$300,000. This money is made available for the collective departments for
"law enforcement purposes."

Another $160,995 could be added to that total in just a few days if
forfeitures in progress go through without dispute bringing the total close
to a half million dollars.

Forfeited asset revenue results from individuals being arrested or accused
in a drug related crime whereas anything in their possession can be accused
of being a "product of the crime" and therefore seized. Probable cause is
all that is needed by law enforcement to start forfeiture proceedings on
cash, cars, homes, land, tools, etc. A conviction is not necessary and in
some cases a charge is never filed.

The accused individual is given notice and then has 30-days to file a
verified claim and prove in court their items are legally owned. According
to court records, only a fraction of those who suffer such a loss petition
for return of their property which then goes to the various agencies involved.

Forfeiture accounts for local agencies include, Siskiyou County Interagency
Narcotics Task Force (SCINTF) (federal), the Marijuana Eradication Team
(MET). Sheriff’s Narcotic Asset Forfeiture Fund, District Attorney
Task Force Forfeiture Fund, District Attorney Sheriff's Forfeiture Fund,
and the Community Drug/Gang Act Intervention fund.

According to State regulations, "seizing agencies shall avoid any
appearance of impropriety in the sale or acquisition of forfeited
property," and "forfeiture proceeds shall be maintained in a separate fund
or account subject to appropriate accounting controls and annual financial
audits of all deposits and expenditures."

Even though local guidelines appear to be in place, only a confusing paper
trial was found as to seized asset accounts. Some of the accounts are
confidential and no list of specific items purchased or paid for out of the
accounts exist. Only monthly balances, interest, and transfer amounts for
each account were made available.

According to Fiscal Support Coordinator Mari Ann Kallstrom, once monies are
deposited into the forfeited funds they are lumped together with grant
dollars for auditing ease. Kallstrom explained that seized dollars are then
authorized for expenditure by the board of supervisors for things such as
listening devices, undercover vehicles, crime prevention or any other "law
enforcement purpose" deemed appropriate.

The new computer CAD system used by the Sheriffs Department and jail was
given as an example of recent purchases made with forfeited assets. Another
department that received new computer equipment was the District Attorneys
Office who tapped into the DA task force forfeiture fund last year.

The Marijuana Eradication Team got a recent boost to their account by
receiving a percentage of a mine bought back by it’s original owner
who was recently released from prison.

The property near Sawyers Bar known as The Middle Earth Mine, was seized by
the federal government in 1996 after marijuana was found growing inside.
Three people including the owner of the mine went to prison. Last year the
owner, according to records found, paid $62,994.00 to the federal
government to get the mine back. The local MET team received 70% of that or
$43,025.26 for their involvement. It is not known if the MET team has any
specific plans for the recent windfall.

It was also found in the counties forfeiture guidelines that a percentage
is to be set aside for the sole purpose of funding programs designed to
combat drug abuse and divert gang activity. The fund is not to be used to
supplant any state or local funds that would otherwise be made available to
the programs.

The only such account existing for that purpose, according to the auditors
office, is the community Drug/Gang Intervention Account although no
programs were found to still be in existence.

No record of any educational programs was found except those pertaining to
the continuing education of law enforcement personnel in regards to
forfeiture law.

Several attempts were made to speak to someone within the Sheriffs
Department in regards to this matter but no contact was ever made.

It is not known exactly how much the Forfeiture Bill would change how
departments operate locally but it does appear the bill would have at least
a significant impact.

The Judiciary Committee must now lobby the bill before Congress and attempt
to deflect any amendments being proposed to change it's content before a
vote is taken.