Mendocino County Grand Jury • 2009-2010

Drug Dealers Support Local Law Enforcement!!! a Report on Asset Forfeiture

Published: June 18, 2010 7 pages
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Note: Missing finding numbers detected: F7, F14, F23, F28

Findings and Recommendations 29 findings

F1
Law enforcement is the principal objective of AF. Forfeited funds are used to supplement the cost of law enforcement for the eradication of illegal drugs. AF is a civil, not a criminal matter.
No recommendations for this finding
F2
The primary objective of the Task Force is the prevention of sales and distribution of narcotics and illegal marijuana.
No recommendations for this finding
F3
The primary objective of the County of Mendocino Marijuana Eradication Team, (COMMET), is the eradication of non-medical marijuana.
No recommendations for this finding
F4
Members of the Task Force and local law enforcement are required to use the Code of Conduct when enforcing the law.
Related Recommendations (1)
R1
all law enforcement personnel be given quarterly training regarding the Code of Conduct, (Finding 4)
F5
California law permits marijuana to be grown for medical purposes. Illegal marijuana grows and sales are a primary source of AF funds.
No recommendations for this finding
F6
The MCDAO is in charge of collection and distribution of AF funds, seized under State law. DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 . When cash or property is seized, the owner is advised of his/her right to claim the cash and/or property within 30 days. If no claim is made, the property is forfeited.
Related Recommendations (2)
R2
the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
R3
all agencies within the County request reimbursement from AF funds to defray costs to the County for employees’ time spent tracking and accounting AF funds, (Findings 6, 12, 25)
F8
If the owner claims the assets and the AF Officer deems the assets ill-gotten, then a civil court case is pursued. It is estimated that more than half of the seizures are claimed. Unclaimed funds of $25,000 or less do not require a court process.
No recommendations for this finding
F9
Seized assets may include: cash, bank accounts, autos, coins, jewelry, and other personal and real property.
No recommendations for this finding
F10
Cash seized is deposited and held in a trust account until it is either returned to the owner or forfeited.
No recommendations for this finding
F11
Equipment and vehicles seized are stored until returned to the owner or sold at auction. Other assets are held in evidence rooms.
No recommendations for this finding
F12
As provided in the Health and Safety Code §11489(b)(1), the MCDAO shall be reimbursed for all expenditures made or incurred in connection with the sale of property.
No recommendations for this finding
F13
The MOU for the Distribution of Seized & Forfeited Funds states that local law enforcement agencies (UPD, WPD, FBPD, MCSO) receive approximately $46 of every $1,000 forfeited. (Appendix A) Findings – Federal vs. State 14. The process for Federal and State AF is different and the funds are separated to prevent co-mingling.
Related Recommendations (2)
R4
the Mendocino County District Attorney distribute the unused portion of AF funds in the MCDAO account to local law enforcement agencies, (Findings 13, 33)
R5
the Law Enforcement Administrators Association Board update the MOU, to distribute the Discretionary Funds, in consideration of the special needs of the participating agencies, (Findings 13, 22, 27)
F15
When assets are seized under Federal law, the Federal Government retains 20% of the amount for administrative fees, and returns 80% of the funds to the MCSO or finding agency.
No recommendations for this finding
F16
When the Federal Agents decide not to prosecute, the case may be turned over to the MCDAO.
Related Recommendations (1)
R2
the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
F17
Federally seized equipment, autos, etc. can be purchased for 20% of their value by local law enforcement for agency use. Other assets are sold at auction.
Related Recommendations (1)
R2
the Mendocino County District Attorney Asset Forfeiture Unit be diligent in discovering ill-gotten assets, (Findings 6, 16-17)
F18
Assets seized under State law must be sold at auction, and the net proceeds are returned to the MCDAO for distribution in accordance with the MOU.
No recommendations for this finding
F19
California Health and Safety Code §11489 states that: AF funds may not be used to supplant expenses in a budget that would ordinarily be incurred, and are not required to be spent on narcotics enforcement.
No recommendations for this finding
F20
Federal AF funds generally may not be spent for uses that are not approved by the State.
No recommendations for this finding
F21
AF funds may be spent on law enforcement equipment, vehicles, computers, supplies, salary for a new position for a limited time, overtime pay, training expenses, etc.
No recommendations for this finding
F22
According to their reporting period, (fiscal or calendar), Federal and State AF proceeds were distributed to local law enforcement agencies in 2009, as follows: DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 Mendocino County Grand Jury MCSO, State $ 166,114 FBPD, State $46,913 MCSO, Federal $0 UPD, State $63,893 COMMET, State $3,176 WPD, State $84,096 COMMET, Federal $384,894 Task Force, State $76,839 MCDAO, (10%) $154,743 MCDAO, (33 1/3% $241,744 23. Some recent AF funds have been used to purchase vehicles, a fork lift, radios and related equipment, to upgrade property and evidence room equipment, electronics and software, a microwave communication system and equipment, officer overtime, and a Bear Cat rescue vehicle, (with matching funds from a Homeland Security Grant).
No recommendations for this finding
F24
Other permissible uses of AF funds include training, storage rent, and donations to local non-profits.
No recommendations for this finding
F25
Permissible uses of Federal funds are restricted to law enforcement for investigations, training, detention facilities, equipment, travel and transportation, awards and memorials, drug and gang education and awareness programs, matching funds, pro-rata funding for asset fund accounting and tracking, language assistance services, transfers to other law enforcement agencies, and support of community-based programs.
No recommendations for this finding
F26
Impermissible uses of Federal funds are: a. use of forfeited property by non-law enforcement personnel, b. payment of education related costs, for non-law enforcement classes, c. uses contrary to the law of the State or local jurisdictions, d. non-official government use of shared assets, e. to make permanent improvements on the property of others. f. salaries are impermissible except for: (cid:121) express statutory authorization, (cid:121) overtime for officers and investigators, (cid:121) new positions and temporary or not to exceed 1 year appointments, (cid:121) salary of an officer hired to replace an officer assigned to a Task Force, (cid:121) specialized programs.
No recommendations for this finding
F27
On March 31, 2010, the balances of accumulated and unspent AF monies for the following County accounts were: MCDAO $886,563 COMMET, State $39,643 MCSO, State $414,599 COMMET, Federal $617,135 MCSO, Federal $577 Findings – LEAA 28. The LEAA Board consists of the Mendocino County Sheriff, the three Chiefs DRUG DEALERS SUPPORT LOCAL LAW ENFORCEMENT!!! 2009-10 Mendocino County Grand Jury of Police (Willits, Ukiah, and Fort Bragg), Mendocino County District Attorney, and the MCDAO Chief of Detectives, the Mendocino County Chief Probation Officer, the Commander of the Highway Patrol, and the Commander of the Task Force. The Chair of the LEAA Board is elected by the Board members.
No recommendations for this finding
F29
AF funds distributed to the LEAA are for the sole purpose of funding programs to combat drug abuse, anti-gang programs, and for educators, parents, community organizations and local businesses to involve their interest in the programs.
No recommendations for this finding
F30
Contradictory to Health & Safety Code, LEAA funds are distributed annually by the MCDAO. California Health and Safety Code §11489(b) requires these funds to be distributed quarterly.
Related Recommendations (1)
R6
MCDAO distribute LEAA funds on a quarterly basis, as per Health & Safety Code §11489. (Finding 30)
F31
The last LEAA distribution studied by the GJ was paid in May 2009, in the amount of $32,500 to each of the following: MCSO, FBPD, UPD, and WPD.
No recommendations for this finding
F32
In 2009, LEAA funds were used for various programs, including the Police Activity Program, National Child Safety Council, Nuestra Allianza, Kid’s Club, AODP/GRIP Program, Mendocino Juvenile Drug Court, after-school soccer programs, Big Brothers Big Sisters, Teen Peer Court, Ukiah Dolphins, Little League, Girl Scouts, Sober Graduation, YES Camp, and Manzanita Services/Healing Hands.
No recommendations for this finding
F33
MCDAO does not receive LEAA funds. In 2009, the MCDAO used AF funds to donate $73,472 to local programs and non-profit organizations.
No recommendations for this finding

Agency Responses 1

Government agencies' official responses to this report's findings and recommendations. Click on a response to see the structured breakdown.

No Responses Found 5

Government entities assigned to respond to this report. No response documents have been linked in our database.

Fort Bragg City
Mendocino County Board of Supervisors Elected County Office
Mendocino County District Attorney Elected County Office
Mendocino County Sheriff Elected County Office
Willits City