ARTICLE IMPLIED THAT LAW WAS BEING VIOLATED

In an article published March 6, "Where has all the drug money gone?", it
was noted that a resolution has been introduced in the state legislature to
create a committee that would draft legislation to enable the state to
track cash and other property forfeited in drug cases.

The article went on to imply that District Attorney Spencer Lawton's office
is violating the law by not tracking the forfeitures, although what law, if
any, was never referenced.

However, if Mr. Lawton's office files an action in court to obtain
property, after receiving notice from the seizing law enforcement agency,
and wins the case, an order is issued by the court, disposing of the
property. The proceeds go to the participating law enforcement agencies and
to the local governing body, according to statutory requirements.

The law specifically provides for reporting to local officials by any
agency receiving property:

"Any local law enforcement agency receiving property under this subsection
shall submit an annual report to the local governing authority. The report
shall be submitted with the agency's budget request and shall itemize the
property received during the fiscal year and the utilization thereof."

Although Mr. Lawton's office, as authorized by the forfeiture stature,
could take up to 10 percent of the amount distributed, he has never done so.

Instead, law enforcement agencies and the local government receive the
benefit. Hence, there are no funds to be reported by his office.

Essentially, the reporter asked me for data on forfeitures and I referred
him to the Chatham County Finance Department and Savannah-Chatham County
Counter Narcotics Team, since the latter is the main drug enforcement agency.

If time had been taken to inquire of those departments and to address
directly any perceived violation of the law with me, the allegations in the
article could have been addressed more accurately.

I expect a reporter, in a relatively short period of time, would find that
CNT keeps the funds in an interest-bearing account prior to a ruling by the
court.

If the forfeiture is approved, the funds are placed in a special revenue
fund from which expenditures are approved by the finance department and the
Chatham County Commission prior to disbursement. The fund is audited as
part of the annual audit by an independent CPA for the commissioners.

In fact, problems concerning allegedly inappropriate use of confiscated
funds around the state, addressed in an editorial on March 7, "'Shadow'
drug money," to my knowledge have not been shown to exist with CNT.

DAVID T. LOCK

Chief Assistant District Attorney

Eastern Judicial Circuit

Savannah