HomeMy WebLinkAbout1987-10-03; City Council; 9202; Acceptance of Seized and Forfeited Cash..,.,.._""!!"" __________________________ , ______________ ~:----~.,.--
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CIT:,~F CARLSBAD -AGEND~BILL ift-. (~
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DEPT. POLICE
TITLE:
ACCEP'I'ANCE OF SEIZED AND FORFEITEu CASH PURSUANT
TO FEDERAL COMPREHENSIVE CRIME CONTROL ACT OF
1984.
CITYATTY~
CITYMG~
RECOMMENDED ACTION:
City Coui,cil adopt Resolution No. Cjo??'£, thereby accepting for the Police
Department approximately $15,443.55 cash which was seized and forfeited in
accordance with the Federal Comprehensive Crime Control Act of 1984.
ITEM EXPLANATION:
On January 7, 1986, the Car.lsoad City Council passed Resolution No. 8321,
authorizing the Chief of Police and City Attorney to apply for seized and
forfeited assets pursuant to the Comprehensive Crime Control Act of 1984.
The Police Department has since applied for and been awarded 90% of Seizure
No. 26143, $15,540.50, and 90% of Seizure No. 26140, $1,619.00. These awards
resulted from the Police Department's drug enforcement efforts with ~he
Narcotits Task Force.
The Police Department previously has acquired a vehicle and cash assets through
this same process.
FISCAL IMPACT:
The Police Department should receive approximately $15,443.55 in cash as a
result of the forfeitures. There are no anticipated expenses.
Once acquired, the cash will be placed iu the designated account for future
law enforcement purposes.
EXHIBITS:
1. Resolution No. 8321 .
2. Resolution No. C/27 '/
3. Forfeiture letters f,om Drug Enforcement Administration.
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RESOLUTION NO. 9274 ---
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, ACCEPTING $15,443.55
CASH WHICH WAS SEIZED AND FORFEITED IN ACCORDANCE
WITH THE COMPREHENSIVE CRIME CONTROL ACT OF 1984.
WHEREAS, the Comprehensive Crime Control Act of 1984 provides for the
distributibn of federally seized and forfeited assets to the law enforcement
agencies that participate in an investigation which resulted in an asset
seizure; and
WHEREAS, the Carlsbad Police Department participates, on a continuing
basis, in investigations which can result in forfeited assets under said
Act; and
WHEREAS, the City Council previously authorized the Chief of Police and
City Attorney to apply for the City's share of such assets; and
WHEREAS, The City Council has determined that the public interest requires
that the Council accept such assets received by the Police Department;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
Carlsbad, California:
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1. That the above recitations are true and correct.
2. That the City Council hereby accepts approximately $15,443:ss cash
which was seized and forfeited pursuant to the Comprehensive Crime
Control Act of 1984.
3. That the City Council hereby authorizes the cash to be placed into
the designated account for future law enforcement purposes.
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PASSED, APPROVED, AND ADOPTED at a regular meeting of the City Council
of the City of Carlsbad, California, held on the 3rd , day of November
1987, by the following vote, to wit:
AYES: Council Members Lewis, Kulchln, Pettine, Mamaux and Larson
NOES: None
ABSENT: None
ATTEST:
~ IIC~-~~ ALETHA L. RAUTENKRANZ, City Clerk\
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Cl~ Or: CARLSBAD -AGJ;NOA All I ~ l.!_.>= --~ ----------------~-------·--------~----------__ , -----.,..------"""'~~' AB# Y'f.SJ
MTG. 1/7 /86
DEPT. PC'tLICE
TITLE; ACCEPTANCE PROCEDURE FOR SEIZED AND
FO~El7ED ASSETS
RECOMMENDED ACTION:
CITYA
CITYMGR.~
City Council adopt Resolution No. /?3:} I authorizin~ the Chief
of Police to apply on a continuous basis for the city s share of
seized and forfeited assets and for the City Attorney to sign
accompanying documents indicating the city's lega position for
accepting such assets.
ITEM EXPLANATION:
On Oct. 12~ 1984, President Reagan signed into law the Comprehen-
sive Crime Control Act of 1984. This law provides for the
distribution of federally seized and forfeited assets to law
enforcement agencies who participated in the investigation which
resulted in the asset seizure. The assets consist of cash, real
prooerty and conveyances that have been forfeited by those who
acquired it for use, use it for the purposes of. or is the resultant
~rofit from illegal activity. The State of California has similar
statutes as well.
The Carlsbad Police Department particioates on a continuing basis
in investigations resulting in forfeited assets. The Chief of
Police intends to apoly for the city's share of seized and for-
feited assets on a continu0us basis. Each application will be
brought before the City Council for final ao?roval before acceot-
ance is cornoleted.
On 11-19-85 the City Council accepted our first forfeited item when
resolution No. 8264 was passed. The Police uepartment acquired a
1985 GMC Suburban as a result of that resolution.
A soecial account has been designated through the Finance Departn:ent
for anticipated cash asset forfeitures.
Should the council decline to pursue asset forfeitures the city's
sh&re of such resources will be claimed ar.d utilized by other law
enforcement agencies involved with the seizure.
FISCAL IMPACT:
There would be certain fiscal impacts for the operation, licensing,
and maintenance of acquired conveyances. Anticipated sharing of
forfeited cash assets should more then offset any ex?enditures.
EXRlBITS:
1. Resolution No. f:3 ~ I
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RESOLUTION NO. ___ t.,._32=1 __
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AUTHORIZING THE Oil!P OF
POLICE AND CITY ATTORNEY TO APPLY FOR FORFEITED
. ASSETS PURSUA?~T TO THE COMPREHENSIVE CRIME
CONTRO~ ACT OF 1984.
WHEREAS, the Compr·ehensive Crime Control Act of 1984
provides for the distribution of federally seized and forfeited
assets to law enforcement agencies which participate in the
investigation which resulted in the asset seizure; and
WHEREAS, the Carlsbad Police Department participates, o
a continuing basis, in investigations which can result in
forfeited assets under said Act1 and
WHEREAS, because of the nature of the police work
involved the opportunities to apply on behalf of the City arise
on short notice basis which does not allow sufficient time to
bring each item to.the City Council in advance: and
WHEREAS, the City Council has determined that _the publi
interest requires that the Council authorize the Chief of Police
and the Cit/ Attorney to take any steps necessary to apply on
behalf of the City for these assets,
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Carlsbad, California:
1. That the above recitations are true and correct.
2. That the Chief of Police shall have authority to
apply on behalf of the City of Carlsbad on a continuing basis for
the City's share of seized and forfeited assets pursuant to the
Comprehensive Crime Control Act of 1984 and the City Attorney is
authorized to execute any documents necessary in that regard.
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. 3. If a distribution is approved ~y federal authoritie
it 1hall be presented to the City Council for their approval
before final acceptance ia completed on behalf of the City.
PASSED, APPROVED AND ADOPTED at a regular meeting of ....
the City Council of the City of Carlsbad, California, held on
the _ _;..7~th _____ d~y of -~J_a~n_ua~r~y ____ , 1986 by the following
vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABS ENT: None
ATTEST:
t1 f,"fk L Rg;;;:t;-_ L
ALETHA L. RAUTENKRANZ~t1:'t;) Clerk
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Lt. Gregory Fried
Carlsbad Police Department
2650 Orion Way
Carlsbad, CA 92008
Deac Lt. Fried:
{-=~
U.S. Dcp:utmt 'of Justice
Drug Enfor~cmcnl Administration
SE lZ IJ P E :: : 2 61 ➔ 0 CA SE t: : ~ 2 .3 7 X 7 11
PROP: $1,619,G~ U.S. CURRENCY
IN:: Vt.Ll1E: :i-1619,00 SEIZURE OATS: 13 JUN 87 SEIZUF~ PLAC:: CARLSEAD, CA
OWNE~: SEIZED FRCM: RONALe ZIHLIC~ JUCICIAL CIST: CALIFCRNIA SOUTHEP~
OCT O 3' 1987 __ ::·:~_j__. Date:
This is in response to youc c~quest filed with the Dcug Enfoccement
Administcation (DEA) seeking ·equitable distcibution of the above-
desccibed p~opecty to youc agency pursuant to Section 309 of
Public Lav 98-473 (the Com?cehensive Crime Control Act of 1984).
The pacagraphs checked below are to inform you of the disposition
of youc cequest:
Section 1
Recommendations and Decisions
IJ[J The pro?ecty has been forfeited administratively by the DE~
pursuant to Title 21, United States Code, Section 881 and the
DEA is authorized to entec a final decision concerning equitable
shar:ing.
I ] The pro?ecty has been focfeited administcatively, ho~evec,
its value ~ictates that the sharing decision be m~de by the United
States Depactment of Ju$tice and your sharing r~quest, ~ith the
DEA's recommendation, has been refereed to the De~actment foe
consideration.
D T~e pcoperty is oc was subject to litigation in the United
States Courts and the shacing request, ~ith the DEA's recommendation,
has been foc~acded to the appcopciate United States Attocney
foe considecation.
Section 2
Prope~ty Tcansfecs
D The shacing cequest has been gcanted. Please contact the
DEA Office to accange foe pr:opecty transfer.
You must pay an outstanding lien in the amount of S ~-----before the pcopercy can be released. A copy of ouc lettec to
thl? lienholdec is attached foe youc infocmation.
7
. cj ·The': s_har.ing ·.:t'~quest has· oo~n granted. Please contact the
• • DEA Office to~arrange for property transfer . ..
r7 Administrative costs in the amount of$ ______ associated
with th~ seizure must be paid before the property can be released.
Your ·check in the amount indicated should be made payable to
"U.~. Marshals, Account il5XS042." The check should be delivered
to the _______ DEA Office.
Section 3
Money Tra~sfers
D Your agency vill rec~ive % of proceeds realized from
the sale of the forfeited property.
D Your agency vill receive % of proceeds realized from
the sale of the forfeited property not to exceed$ ------w Your agency w"ill receive 90 % of the forfeited currency,
W Authority to distribute funds being shared has been delegated
to the United States Marshals Service. Accordingly, this office
is notifying the Headquarters Office of the United States"Marshals
Service National Asset Seizure and Forfeiture Program to process
this request for equitable sharing to your agency. Payment
should be forthcoming shortly:
Section 4
Equitable Sharing OP.nial
D Your request cannot ~e honored because a petition has been
received and a decision made to grarit the relief sought by the
petitioner. The prope~ty, therefore, is not available for government
use or shacing .
. 0 Youc request cannot be honored because the nature of the
property precludes its division between oc among two oc @ore
federal o~ state/local agencies.
D Your request cannot be honored since the property is being
put into official use by the United States Government.
D After careful reviev, a decision has been made not to honor
your equitable shacing cequest.
cc: DEA O(fices:
0/0 _San Diego, CA
R/O .,
U.S. ;:.::co::-ney:
USMS N,\SAfP
DI-:~. AO
,:c Ch::•:>ll
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(Page 2 of 2)C,
Lt. Gregory Fried
Carlsbad Police Dept.
2650 Orion Way
Charlsbad, CA 92008
Dear Lt. Fried
f.,-,~)i,
U.S. Ocp2r1m .. .t o! Justice
Drug Enfor~cmcnt Administration
SEIZURE#: 261~3 CAS( a: R237X69B PRCP: $15,5~,.50 U,S. CURRENCY
ID~:: VALUE: Sl55~J.50 _ SEIZtRE DATE: J5 JU~ 8T SEIZURE PLAC2: CARLSeAD, c~
O\~NE~:
SEIZED FRCr: B~ANT1 SCOTT SOUTHERN J0CICIAL CIST: CAL1FCRNIA
Date: 09/30/87
This is in response to youc request fiied vith the Drug Enforcement
Administration (DEA) seeking·equitable distribution of the above-
desccibe1 property to your agency pursuant to Section 309 of
Public La~ 98-473 (the Comorehensive Crime Control Act of 1984}.
The pacag~a9hs checked bel~~ are to inform you of the disposition
of youe request: •
Section l
Recommendations and Decislons
{iJ The pco~ecty has been forfeited administratively by the DEA
pursuant to Title 21, United States Code, Section 881 and the
DEA is autho~ized to enter a final decision concerning equitable
sn.a·c ing.
0 The ~Cc?ecty has been focfeited administcatively, ho~evec,
its Value cictates that the shc:i~ing decision be r,1ade by the United
States De?actment of Justice and you= sharing request, vith the
DEA's cecoc~endation, has been referred to the Department foe
considecation.
Q.-T'1e pcopecty is oc uas subject to licigation in the United
States Coc~ts and the shacing cequest, vith the DEA's recommenda~ion,
has been focuacdec to the ap?Copciate United States Attocney
foe consi~~catior..
Section 2
Pcooectv Tcansfecs
D The sharing cequest has been granted. Please contact the
DEA Office to arr:,pnge foe p~opeety transfer. ----------You raust pay an outstanding lien in the amount of S --,-----b ~ f o c e the pco~ecty can be released. A copy of oue letter to
tha lienholdec is jttached foe youc infocrnation.
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. . D The shacing }=~quest has been granted. Please contact the
DEA Office to acrange for proper.ty transfer.
ii Administrative costs in the amotint of$ ______ associated
~h the seizure must be paid befoce the pcoperty can be released.
Your check in the amount indicated should be made payable to
"U.S. Marshals, Account Jl5X5042." The check should be deliveced
to the _______ DEA Office.
Section 3
..
Money Transfecs
D Your agency ~ill ceceive i of pcoceeds realized from
the sale of the forfeited pcoperty.
0 Your agency vill ceceive % of pcoceeds cealized fcom
the sale of the forfeited pcoperty not to.exceed S ------
~ Your agency vill ceceive ~% of the focfeited cucrency.
W Aut~ority to distribute funds being shaced has been delegated
to the United States 11.acshals Secvice. Accocdingly, this off_ice
is notifying the Headquarters Office of the United States "f-lae'shals
Service National Asset Seizure and Focfeiture Pcogcam to pcocess
this cequest foe equitable shacing to youc agency. Payment
should be focthcoming shoctly:
Section 4
Eauitable Shacing Denial
D Youc request cannot be hor.orec because a petition has been
received and a decision made to grant the celief sought by the
petitionec: The pcoperty, thecefo~e, is not available foe government
use or shacin<:;.
D Youc cequest cannot be honored because the nature of the
propecty precludes its division betYeen or among t~o or more
fedecal oc state/local agencfes.
D Youc cequest cannot be honored since the pcopecty ~s being
put into official use by the United States Government.
D Aftec careful reviev, a decision has been made not to honoc
youc equitable shacing request.
cc: DEA Offices:
D/0 San Diego, CA
R/0
U.S. ;:..:.:o::ney:
USMS NAS.\i:'?
DEA AO
cc Cheon
:,~ i 7.C!"C c--i l,.: ~: 26143
Focfeituce_Unit
e of Chief Counsel
K.B. ,· 'l . '--
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