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HomeMy WebLinkAboutSan Diego, County of; 1990-10-19;AGREEMENT This agreement is made by and between THE CITY OF CARLSBAD, a municipal corporation, herein called “City”, and the DISTRICT ATTORNEY FOR THE COUNTY OF SAN DIEGO, an elected public official of the State of California, herein called “District Attorney”. RECITALS A. City, through its police power, is engaged in an on-going aggressive campaign against illicit trafficking in narcotics, which campaign against utilizes the forfeiture provisions of federal law as codified in 21 United States Code, Section 881. B. City has, through both adoptive seizures and joint investigations, caused a significant amount of assets to be subjected to federal forfeiture and intends to continue to emphasize this aspect of the law enforcement struggle against narcotics trafficking. C. The success of City’s seizure program has caused an unacceptable backlog of cases in the litigation areas for which the United States Attorney’s Office is responsible. D. The United States Attorney’s Office desires that attorney’s from the County District Attorney’s Narcotics Division appear in federal . court to litigate forfeiture cases in accordance with I9 U.S.C. Section 1608 or 1610 which arise from seizure of assets by the Carlsbad Police Department. E. District Attorney is ready, willing and able to conduct all legal aspects of civil proceedings in federal court brought by claimants to assets seized by City pursuant to 21 U.S.C. Section 881. F. City and District Attorney wish to ensure that those assets which are the proceeds of narcotics transactions or which are used for facilitation of narcotics trafficking will be forfeited so as to deny narcotics traffickers the benefits derived from illegal activity and to deter others from participating in such activity. NOW, THEREFORE, in consideration of the recitals and mutual obligations of the parties as herein addressed, City and District Attorney agree as follows: CITY WILL: 1. Initiate adoptive seizure actions of forfeitable assets .in accordance with applicable provisions of law. 2. Inform District Attorney upon receipt of any and all 2 assets or proceeds from sale of assets acquired as a result’ of forfeitures for which proceedings were conducted pursuant to I9 U.S.C. Section 1608 or 1610. 3. Pay, to District Attorney, ten percent (10%) of all payments received by City as an equitable share of proceeds of forfeitures pursuant to 21 U.S.C. Section 881 initiated by the City which were the subject of proceedings handled by attorneys from the District Attorney’s Office beginning September 1, 1987, and continuing through the effective date of the Agreement, which cases would have been subject to the agreement had it been in effect September 1, 1987. Said payment shall be within thirty (30) days of the receipt of said proceeds by City, and shall be paid to the District Attorney’s asset forfeiture fund as designated in San Diego County Ordinance No. 7269, adopted February IO, 1987, unless otherwise agreed to in writing by the parties. DISTRICT ATTORNEY AGREES; 1. That the purpose of this agreement is the vigorous civil pursuit of any and all forfeitable assets seized by the Police Department. 2. To provide such legal advise on asset forfeiture to the Police Department as may, from time to time, be requested by City and, Police Department. 3. To assist in the preparation of warrants of seizure and other pre-seizure documents. 4. To prepare and file ail legal documents, make all appearances, effectuate all communications, and otherwise pursue all civil litigation arising from claims or other challenges to the forfeit of assets under 21 U.S.C., Section 881, which were seized in whole or in part by City, its employees or agents, and for which the City has made a request of an equitable share. 5. To represent the best interests of all parties concerned in the matter of petitions for remission or mitigation of forfeited assets seized within the City of Carlsbad being mindful of the policy of the Council of the City of Carlsbad that an aggressive pursuit of forfeiture of any and all seized forfeitable assets is important to success of the campaign against narcotics trafficking and, accordingly, taking such action as necessary to result in the absolute minimum granting of any such petitions for remission or mitigation. SPECIAL PROVISIONS 1. Transferred Assets; Both parties agree that the equitable transfer of forfeited assets such as aircraft to the San Diego Police Department for direct use in law enforcement is of mutual benefit. Accordingly, District Attorney herewith waives and forgoes any payment to represent ten percent (10%) of the value of assets, to include but not be limited to aircraft, boats and motor vehicles, which are directly transferred to City for law enforcement use as the result of forfeiture proceeding otherwise covered by this agreement. In the event such transferred assets are sold by City within three (3) years of the transfer date, City agrees to pay to the District Attorney ten percent (10%) of the net proceeds of such sale within thirty (30) days of the sale. 2. . . Termlnatlon : This agreement may be terminated by either party upon thirty (30) days written notice to the other. In the event of such notice, District Attorney will accomplish existing caseload, but will not accept additional cases. City will make payments pursuant to this agreement beyond termination date of all cases litigated by the District Attorney pursuant to this agreement. 3. Communication; Both parties agree that an on-going exchange of information on current and prospective cases is essential and, accordingly, shall designate representatives as contact persons for said exchanges. IN WITNESS WHEREOF, this agreement is executed by the City of Carlsbad, acting by and through its City Manager, pursuant to Resolution No. ?‘@%?, authorizing such execution, and by the County of San Diego, acting by and through its District Attorney. Dated this / qKday of och~cf-, 1990. THE CITY OF CARLSBAD THE COUNTY OF SAN DIEGO BY: tig@&$ DISTRICT ATTORNEY APPROVED AS TO FORM: - City of Carlsbad October 9, 1990 Bill Holman, Deputy D.A. Major Narcotics Unit 6th Floor 220 W. Broadway San Diego, CA 92101 AGREEMENT: REIMBURSEMENT TO DISTRICT ATTORNEY'S OFFICE FOR ASSET SEIZURE LITIGATION The Carlsbad City Council, at its meeting of October 2, 1990, adopted Resolution No. 90-363, approving the agreement authorizing the expenditure of funds from the Police Asset Forfeiture Fund for the continuation of the San Diego County District Attorney's prosecution in Federal Asset Seizure litigation. Enclosed for your records is a copy of the fully executed Resolution. Also enclosed is the original Agreement pertaining to the above. Please return a copy of the fully executed Agreement to this office. finda Cota Secretary Enclosures 1200 Carlsbad Village Drive l Carlsbad, California 92008-1989 - (619) 434-2830