Pubdate: Mon, 07 Jul 2003 Source: Herald Chronicle, The (TN) Copyright: The Herald Chronicle 2003 Contact: 906 Dinah Shore Blvd Winchester, TN 37398 Website: http://www.heraldchronicle.com/ Details: http://www.mapinc.org/media/2033 Author: Wayne Thomas Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) WHERE DOES ALL THAT SEIZED DRUG MONEY GO? When Law Enforcement Makes a Drug Arrest and They Seize the Illegal Substances, Often Times They Seize Money, but What Happens to the Cash? Franklin County Sheriff Department Chief Deputy and Winchester Public Safety Director say the money, just like the accused, ends up in court. "We have a seizure hearing in Chattanooga before the Department of Safety," Winchester Public Safety Director Dennis Young recently explained. "The courts decides if the money should be returned to the person it was seized from or given to the seizing agency," Chief Deputy Tim Fuller stated. Both officers say it takes a judicial order of forfeiture before the money can be turned over to police. If the cash is awarded to the law enforcement agency, it is then placed into a special drug fund account. "We spend the money to pay informants for information about drug activity," Young stated. "We also use the money to buy special equipment to battle drugs." "Not only do we use the money to buy equipment, but the money is also used to pay for a $55,000 fingerprint machine," Chief Fuller stated. "Each of the cities along with our department contribute to the payment for the machine each year out of the drug fund." Fuller also noted that the money is used to fund D.A.R.E. as well as pay outside undercover agents to come into the area and work. Fuller added that the sheriff's department also purchases electronic devices that are frequently used in drug operations. "We also have bought vehicles for our investigators out of the drug fund," Fuller stated. Young also said that his department has been able to purchase equipment and vehicles from the drug fund. Both officers explained that the equipment and vehicles purchased through the fund have to be used in investigating drugs. "If we didn't have the drug funds, we would be requesting huge amounts of money in our budgets for our drug investigations," Young explained. Both Young and Fuller explained that they when they pay an informant for information on drug operations, the law requires them to obtain a signed receipt for the money spent. "We sign a receipt for the money when we draw the money out and we also get the informant to sign as well," Fuller said. "No money is spent without a signed receipt to back up the expenditure," Young explained. Both officers noted that they don't just draw money out and start spending without backup. Decherd Police Chief Ben Foster notes that his department has to draw money from an account that is maintained by the City Recorder. "We have to account for every dollar spent from the fund," Foster said. Young noted that his drug fund is maintained by the Administrative Director office at Winchester City Hall and is then audited by the city's auditing firm, which has to be submitted to the state. Fuller explained that the state comptroller's office, as well as federal auditors examine the drug fund at the sheriff's department. "We do several undercover operations each year with the federal Drug Enforcement Agency (DEA), so our records also have to be audited by them," Fuller explained. He noted that the State Comptroller's office is very thorough, but the "federal auditors are even stricter." Fuller explained that when his department conducts an undercover operation with the D.E.A., the federal agency will review any seizures made on their operation and will award a percentage to the county drug fund. Fuller and Young both note that their individual budgets have a line item in their respective budgets for drug funds. "The drug users are paying for the war on drugs," a smiling Young stated. "And we really appreciate them helping out." Both officers noted that the explanation they have provided about the spending of money from the drug fund is done in a similar way in all law enforcement agencies. - --- MAP posted-by: Richard Lake