OFFICIALS LOOKING TO SEIZE DEAD MAN'S HOME

MORRO BAY - Federal officials are trying to seize a home owned by a
now-deceased Morro Bay man who was accused of being a drug trafficker.

The U.S. Attorney's Office filed court documents a month ago seeking the
seizure of the late Timony Marc Whitelaw's $599,000 home on Juniper Avenue.

Whitelaw, a 46-year-old massage therapist, was arrested in August on
suspicion of growing marijuana and possession of marijuana for sale.

He committed suicide on Sept. 17, according to the county coroner's office.

Meanwhile, the government's seizure attempt has tied up Whitelaw's estate.

"We're trying to get the federal government to release enough money to at
least pay for his funeral," said his attorney, Gregory Jacobson.

Whitelaw is survived by a father who is in poor health, Jacobson added.

The attorney said his client had been distraught over his arrest and the
pending seizure.

"He felt after they took all his property ... he'd lost his dreams,"
Jacobson said.

Monica Tait, an assistant U.S. attorney, said her office didn't file for
the home seizure until after Whitelaw's death.

Because the federal government alleges Whitelaw used drug money to purchase
the home, it can be seized, Tait said. Legally, this process is described
as asset forfeiture.

"Forfeitures have been a part of American law for at least 100 years," she
said.

Court papers seeking the seizure of Whitelaw's home were filed on Sept. 23,
Tait said.

"Prior to that, the (government) didn't take anything from him," she added.

But Jacobson said that money, a vehicle and bank accounts had been seized
before that, and he had counseled his client that seizure of the house was
a possibility as well.

Federal prosecutors' court filings state that Whitelaw described himself in
tax returns as a self-employed carpenter earning around $20,000 to $40,000
a year.

But between 2001 and 2002 he deposited more than $300,000 in his bank
account. Many of the cash deposits were made in $1,000 increments.

"I have no idea where the money came from," said Jacobson, who said he
hasn't been able to see the financial documents that were seized from
Whitelaw's home.

As for the expensive house that Whitelaw was buying, Jacobson said his
client took out a $450,000 loan to finance that.

He was in the process of remodeling that house, and was living in a rental
on Zanzibar Street at the time of his arrest.

In August, detectives searched the Zanzibar Street house and found 32 to 36
pounds of marijuana worth up to $180,000, along with lighting equipment and
a drip watering system.

The county District Attorney's Office filed charges locally, but the case
was dismissed after Whitelaw's death.

A hearing will be held in U.S. District Court in Los Angeles to determine
if the government can seize the property. No date has been set for that.

Currently, Tait said, the house is vacant.

If the home is seized, it can either be put up for auction, or a real
estate agent can be hired to sell it for the government.

If the sale goes forward, the money will go into a U.S. Treasury asset
forfeiture fund that is shared with local governments.

Tait said that local agencies can request a share of that money to fund
their law-enforcement programs.