FIGHT'S ON FOR OWNERSHIP OF 'DRUG TUNNEL' PROPERTY

The United States has every intention of attempting to seize a Langley
property, if the U.S. Attorney's office is successful in convicting a
Canadian charged with drug smuggling through a cross-border tunnel,
according to an assistant United States Attorney.

"It is forfeitable through the U.S. under criminal laws," said Richard
Cohen an Assistant U.S. Attorney based in Seattle, who indicated that
the criminal charge against Francis Devandra Raj, 30, has to stick.

"In order to do a criminal forfeiture, the defendent must be convicted
first."

While there has been several drug tunnels discovered on the southern
U.S. border with Mexico, this appears to be the first cross-border
tunnel that originated from Canada.

According to Cohen, the U.S. has been successful in seizing Canadian
revenue, in collecting the proceeds of crime. However, seizing land
from Canada as a result of an arrest in the U.S., may be a precedent -
at least in the Pacific North West.

"As far as I know, we haven't done it with real property (from Canada)
in this district," said Cohen.

"I can't speak for the rest of the country."

To make that seizure, Cohen admitted that there would have to be an
international agreement with Canada, and ultimately a conviction
against Raj, who has already agreed not to sell, or transfer the
property while the U.S. case is pending.

"We have to request assistance of foreign jurisdiction, in order to
enforce that order (to seize the property)," he said. "We would do
that, if we had a conviction."

Langley Township's mayor can appreciate the merits of a successful
joint police investigation on both sides of the border, and is in
favour of stiff penalties.

Mayor Kurt Alberts can also understand why the U.S. would want to
seize the property in question, as a method of ensuring criminal
consequence.

However, Langley Township is still owed $35,000 for filling in the
tunnel, and may have some other property expenses to collect.

"We of course look for recovery of the money from the property," he
said. "We would in effect, put a charge against that property, to
recover that."

Langley's Conservative MP Mark Warawa has his own problems with
Canada's legislation for collecting the proceeds of a crime.

He says the Canadian landowner involved in the cross-border drug bust
has to be charged in Canada, before the Crown prosecutor can apply to
seize property. And if this happens, then the U.S. would have to stand
in line, to seek compensation for proceeds of a crime.

"Canada would be number one on the list," said Warawa, who has been
fending off phone calls, emails and other enquiries from area
residents who are concerned about potential U.S. seizure of the
Aldergrove property - and what has been developing into a sovereignty
issue.

"It has been a hot topic over the summer," he said.

"There's been frustration that Langley was handed a $35,000 bill to
fill in the hole, and the federal government needs to compensate
Langley residents for that. It should be a federal expense."

As a result, Warawa has penned a letter to Justice Minister Irwin
Cotler, asking for Langley Township's compensation in this case, and
other outstanding commercial fees, which might include a bank mortgage
related to the property.

That property is located on 0 Avenue, near the Aldergrove/Lynden
border crossing, and was worth approximately $500,000 when it was
purchased recently by the accused, according to the Langley MP.

The property contains a home and a hut, which housed one end of a 110
metre tunnel, which surfaced on the U.S. side, on Boundary Road.

The tunnel was shut down in July, and three Canadians were arrested on
the U.S. side.

Raj, Timothy Woo, 34, and Jonathan Valenzuela, 27, were charged with
conspiracy to distribute and import marijuana. They are being held in
Washington state and have a trial set for Oct. 17.