Loading...
HomeMy WebLinkAboutAsset Forfeiture - Police Department PowerPoint Communicatio Asset Forfeiture HUNTINGTON BEACH POLICE DEPARTMENT What is asset forfeiture? ► Asset forfeiture is a valuable tool used by law enforcement agencies, against criminals and criminal organizations to ensure criminals do not benefit from their ill-gotten gains through seizure of these assets. Why do we use asset forfeiture? ► To disrupt criminal organizations ► To remove the tools of the trade from criminals ► To return assets to victims ► To protect communities ► To deter criminals from engaging in illicit activity What laws/guidelines govern asset forfeiture? ► Federal ► United States Constitution ► Department of Justice (DOJ) Asset Forfeiture Policy Manual (204 pages) ► State ► Health &Safety Codes 1 1 469-1 1 495 ► Senate Bill 443 (Effective January 1, 2017) ► Municipal ► Huntington Beach Police Department Policy 606 ► Orange County District Attorney's Office ► Case Law ► Multiple Court Decisions Huntington Beach Police Department Training & Experience ► Detectives appointed by the Chief of Police as forfeiture reviewers receive POST approved training on asset forfeiture with a focus on: ► Federal and State statues ► Legal requirements and limitations ► Probable cause and nexus ► Ethical considerations ► Forfeiture reviewers receive annual continued training in asset forfeiture. Prior to January 1 , 2017 ► California state law required a criminal conviction before real estate, vehicles, boats and cash under$25,000 could be forfeited to the government. ► Federal law did not require a criminal conviction, and therefore state and local law enforcement agencies received up to 80% of the forfeiture proceeds from the Federal action (referred to as "equitable-sharing"). This was often referred to as an "asset forfeiture loophole." Senate Bill 443 (SB 443) Effective January 1, 2017 ► Requires a criminal conviction before agencies can receive equitable-sharing payments from the federal government on forfeited real estate, vehicles, boats and cash valued at under $40,000. ► Under California state law, the threshold to forfeit seized cash was raised from $25,000 to $40,000. Any amount under $40,000 still requires a criminal conviction. Huntington Beach Police Department Policy 606 ► The Huntington Beach Police Department recognizes that appropriately applied forfeiture laws are helpful to enforce the law, deter crime, and reduce the economic incentive of crime. ► The potential for revenue should never compromise the effective investigation of criminal offenses, officer safety, or any person's due process rights. ► It is the policy of the Huntington Beach Police Department that all members shall comply with all state and federal laws pertaining to forfeiture. Seized Assets ► The proceeds from seized assets are separated on an 85% (Fund 214) and 15% (Fund 971) split. ► The 15%is designated to fund programs designed to combat drug abuse and divert gang activity. ► Federal equitable-sharing funds are accounted for separately depending on the source- Department of Justice (Fund 212) and Department of Treasury (Fund 242). Permissible Uses of Forfeited Funds Spending must supplement and may not supplant funding ► Support of investigations and operations that further the law enforcement goals or missions. ► Law enforcement training and education. ► Law enforcement, public safety, and detention facilities. ► Law enforcement equipment. ► Joint law enforcement/public safety operations. ► Contracts for services. ► Law enforcement travel and per diem. ► Law enforcement awards and memorials. ► Drug, gang, and other prevention or awareness programs. ► Support of community-based organizations. Impermissible Uses of Forfeited Funds ► Salaries and benefits. ► Uses contrary to state or local laws. ► Personal or political use of shared assets. ► Purchase of food and beverages. ► Extravagant or wasteful expenditures and entertainment. ► Cash on hand, secondary accounts, and stored value cards. ► Transfers to other law enforcement agencies. ► Purchase of items for other law enforcement agencies. ► Costs related to lawsuits. Regional Narcotics Suppression Program (RNSP) ► It is the primary mission of the Regional Narcotics Suppression Program (RNSP) to target, investigate, and prosecute individuals who organize, direct, finance, or otherwise engage in high-level (major) illicit drug trafficking enterprises or money laundering operations. ►A high priority is placed on those subjects who are engaged in the importation of illegal drugs into or through the County of Orange, California and the interdiction of such illicit trafficking pipelines. ► 1 Sergeant and 1 Detective from the Huntington Beach Police Department are currently assigned to RNSP. Huntington Beach Police Department Asset Forfeiture Procedures ► When property or cash is seized, the detective making the seizure shall ensure compliance with the following: ► Amount seized meets minimum threshold of$1,000. ► Identify all parties of possible ownership. ► Property is subject to forfeiture: ► Related to narcotics offense(H&S 11470111470.1) ► Related to criminal profiteering(CPC 186.2/186.3) ► Orange County DDA approves to proceed with forfeiture. Huntington Beach Police Department Asset Forfeiture Interview ► Seeking to find evidence relating to proceeds from narcotics sales and/or criminal profiteering. ► Employment: where, how long, salary ► Additional sources of income/investments ► Bank account information (amount in checking/savings) ► Monthly expenses: rent/mortgage, utilities, food, entertainment, vehicle, insurance, gasoline, phone, etc. ► Calculate the monthly expenses versus income to understand gain/loss and show evidence from proceeds for sales of narcotics. Huntington Beach Police Department Asset Forfeiture Service of Process ► Owner of seized property shall be served with the following documentation: ► Receipt For Seizure and Personal Notice of Intended Forfeiture form: ► Identifies the seized property ► Health&Safety Code(s)violated ► Instructions for contesting the seizure P. Proof of service. ► Claim Opposing Forfeiture form: ► To be filed in Superior Court within 30 days to contest seizure ► Money Property Receipt Receipt For Seizure and Personal Notice of Intended Forfeiture Claim Opposing Forfeiture Money Property Receipt HUNT TON BEACH POLICE DEPARTMENT TOTAL S� Huntington Beach Police Department Currency Handling ► Currency is counted and verified. ► Money property receipt is completed/signed/provided to owner. ► Currency is taken to the City Treasurer's office and deposited in a designated interest-bearing account. Huntington Beach Police Department Asset Forfeiture Documentation P. The handling Detective will complete the following documentation and forward the originals to the Orange County District Attorney's office within 15 days: ► Asset Forfeiture Application ► Receipt for Seizure and Personal Notice of Intended Forfeiture ► Disclaimer of Ownership ► Financial Tally Sheet ► Money Property Receipt P. Copy of Arrest Report and Asset Forfeiture Report ► Copy of Search Warrant/Search Warrant Return P. Vehicle Information and History Information • 1 • Huntington Beach Police Department Administrative Forfeiture Process ► District Attorney's Office ► Must provide notice of forfeiture to owner of money/property AND anyone with potential interest in the property. ► Publish in newspaper of general circulation ► If no claims are filed to contest the forfeiture within the prescribed time frame: ► Declaration of Forfeiture is entered. ► If a claim is filed: ► Forfeiture proceeds through the criminal case. Huntington Beach Police Department Declaration of Forfeiture ► Handling Detective submits Demand For Funds form to HBPD Payroll. ►Check for currency seized plus interest is issued to District Attorney's Office. 1 9/13/2019 Huntington Beach Police Department FinalOrder of • lo- District Attorney's Office issues final awarded check to City of Huntington Beach. No. Check is disbursed into two separate accounts at City Treasurer's • - Aside"mo- "State Funds Disbursed"account receives 85% account receives receipts.lio.Asset forfeiture documentation is updated with deposit Po. Asset forfeiture log is updated by detective and verified by H.B.P.D.ASSET FORFEITURE LOG DATE HBPD DR# A/F SUSPECT LOCATION AMOUNT AMOUNT A/F CONTROL# REC AWARDED INVESTIGATO R 10.05/06 06-18969 10-361 14961 Hope Street S28,997.00 517,538.92$3,095.10 B.Jones=101 S Westminster,CA Total:$20 634.02 11 15 06 06-21751 06-199 1411 Main St. 545,330.06 528,133.98 54964.82 O.Garcia#2113 Huntington Beach.CA Total:$33 098.80 12 22Y06 06-24262 07-199 2000 Main St. 571,797.00 544.4%.57'57,852.34 O.Garcia#2113 Huntington Beach.CA Total:S52 48.91 12 13 06 06-24290 10-343 2000 Main St. $7.594.00 54,417.97$779.64 0.Garcia#2113 Huntington Beach CA Total:S5197.61 10 1007 07-18277 10-342 176 Grand $2,204.00 $1,268.82,S223.91 O.Garcia#2113 Santa Ana.CA Total:51492.73 08 22 08 08-14909 10-415 20012 Beach"I'd 11,600,00 S88Z23/SI%S7 O Garcia#2113 In.....Beach CA Total:51043.80 11/12/08 08-19916 08468 Newland Edinger 52,724 00 SI,540-79'$271.91 B.Jones-1018 Huntington Beach,CA Total:SI 812.70 12/25/08 08-22432 09-345 1 T°Orange SSO0.00 5257.74 545.48 O.Garcia=2113 Huntmgton Beach,CA I ITotal:$303.22 04 02 09 09-05271 09-701 4 713 Flovd Circle 534,009.00 I 513,335.49 52,353.32 B.Jones-1018 Santa Arta CA Total:S15 688.81 11 City of Huntington Beach Expenditures ► All Huntington Beach expenditures adhere to City, State, and Federal policies and procedures. ► All expenditures are approved by the Huntington Beach City Council through the budget appropriation process. City of Huntington Beach Asset Forfeiture Accounts ► FY 18/19 ► Federal ► Fund 212(Department of Justice-FBI,DEA,ATF, USPIS,USDA, DCSIS,DSS,FDA) ► Balance:$520,334.53 ► Revenue:$371,483.59 ► Expenditures:$95,963.99 ► Fund 242(Department of Treasury-IRS,ICE,CBP, USSS) P. Balance:$11,767.61 ► Revenue:$11,767.61 ► Expenditures:None City of Huntington Beach Asset Forfeiture Accounts ► FY 18/19 ► State ► Fund 214(85%) ► Balance:$225,247.71 ► Revenue:$25,581.82 ► Expenditures:$57,266.44 ► Fund 971 (15%) ► Balance:$60,964.66 ► Revenue:$3,752.97 ► Expenditures:$28,487.70 Recent Cases Involving Asset Forfeiture 2018-016594 M1 ► In October 2018, Detectives from the Special Investigation Bureau initiated an investigation into a large-scale drug trafficking organization(DTO). ► In November 2018, a member of the DTO was detained. ► Detectives seized over 120 pounds of met ham phetamine, heroin, cocaine, and$352,506 in US currency. ► Currency was suspected to be proceeds from narcotics sales; therefore, asset forfeiture was initiated with Orange County District Attorney's Office. ► Forfeiture status currently pending. Recent Cases Involving Asset Forfeiture 2019-008365 ► On 06/28/2019, a patrol officer � � initiated a traffic stop pursuant to a b ���� vehicle code violation. , ► Investigation revealed the driver was � ' in possession of 2 kilos of cocaine and '� `� V` ��� ' $328,000 in US currency. � ��� ► Suspect was previously convicted of .= �� �`' -- murder in the state of Oregon and on - "' ` ` ► Currency was suspected to be I� '� ' proceeds from narcotics sales; lam' therefore, asset forfeiture was initiated - with Orange County District Attorneys Office. ► Forfeiture status currently pending.