Mendocino Grand jury: DA clogging asset forfeiture cash flow

Ukiah Daily Journal Staff
Updated: 07/08/2010 12:00:12 AM PDT

The Mendocino County District Attorney's Office is holding onto asset forfeiture money other local law enforcement agencies need, according to the Mendocino County grand jury.

In its June 21 report, "Drug Dealers Support Local Law Enforcement!!!: A Report on Asset Forfeiture," the GJ recommended that the district attorney distribute its unused share of asset forfeiture money to other local law enforcement agencies.

"The excessive AF fund balance in the MCDAO deprives the county of needed funds to provide services, such as AODP (Alcohol and Other Drug Programs), GRIP (Gang Resistance is Paramount), Mendocino Juvenile Court and other anti-drug and anti-gang programs," the GJ states in its report.

The District Attorney's Office had an accumulated balance of $886,563 as of March 31, according to the GJ report.

The Mendocino County Sheriff's Office had a balance of $414,599 of federal asset forfeiture proceeds and $577 of state proceeds; the County of Mendocino Marijuana Eradication Team (COMMET) had a balance of $39,643 state asset forfeiture money and $617,135 of federal proceeds.

The report notes the purpose of asset forfeiture is to "deprive persons of ill-gotten gains from illegal activities."

The primary source of asset forfeiture money in Mendocino County is the cultivation and sales of illegal marijuana, according to the GJ.

The GJ report notes forfeited funds supplement the cost of law enforcement for the eradication of illegal drugs. Asset forfeiture is a civil matter, the GJ notes, not a criminal matter.

"California law permits marijuana to be grown for medical purposes," the report states. "Illegal marijuana grows and sales are a primary source of AF funds."

When cash or property is seized, owners are told they have a right to claim it within 30 days. The property is forfeited if no claim is made. If the district attorney's asset forfeiture officer decides the assets are "ill-gotten" when the owner does claim the property, the case goes to civil court.

Unclaimed funds of $25,000 or less don't require a court process.

Seized assets can include cash, bank accounts, vehicles, coins, jewelry and other personal and real property. Seized cash is deposited in a trust account until it is either claimed or forfeited.

Equipment and vehicles are stored until they are returned to the owner or sold at auction. Other assets are held in evidence rooms.

State law says the District Attorney's Office should be reimbursed for the cost of selling the property and otherwise liquidating the forfeited assets, according to the GJ.

The GJ recommends all agencies in the county seek reimbursement from asset forfeiture money for county employees' time spent tracking and accounting for the money.

Per an agreement established by the Law Enforcement Administrators Association and state law, the District Attorney's Office collects and distributes asset forfeiture money to the MCSO, COMMET, the Mendocino Major Crimes Task Force and police departments in Ukiah, Willits and Fort Bragg.

In 2009, the MCSO received $166,114 of state forfeiture money and no federally seized asset forfeiture money; COMMET received $3,176 of state asset forfeiture money and $384,894 of federal proceeds; and the Task Force received $76,839 of state proceeds.

The police departments received state proceeds, including $46,913 to Fort Bragg, $63,893 to Ukiah and $84,096 to Willits.

The District Attorney's Office received $396,487, including 10 percent off the top and a third of the remaining funds, according to the GJ's formula.

The state takes 24 percent off the top, the state District Attorney's Association takes 1 percent, and the county district attorney gets 10 percent. Of the remaining amount, the district attorney asset forfeiture officer, and investigator, gets a third, the agency that found the assets gets a third, and a third goes to the MCSO and police departments.

The result, according to the GJ, is that each of the four local law enforcement agencies gets $46.06 out of every $1,000 seized.

The District Attorney's Office distributes the money annually, and the GJ recommends it instead distribute the funds quarterly, as required by state health and safety law.

The money has been used to buy vehicles, a fork lift, radios and related equipment, electronics and software, a microwave communication system and a Bear Cat rescue vehicle. It's also been used to pay officer overtime and upgrade property and evidence room equipment.

Asset forfeiture money can't be used to pay costs in a budget that would normally be incurred, and doesn't have to be spent only on narcotics enforcement.

The GJ notes federal guidelines allow agencies to use the money to hire an officer to replace another officer who was assigned to a task force.

"Funds are not presently being used for this purpose," the report states. "The GJ believes that this would not violate state law regarding supplanting the budget because the contribution of an officer to the task force is not a ordinary and expected expense, such as rent, utilities or regular salaries."

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