Pubdate: Wed, 10 Dec 2003
Source: Langley Times (CN BC)
Copyright: 2003 BC Newspaper Group and New Media Development
Contact:  http://www.langleytimes.com/
Details: http://www.mapinc.org/media/1230
Author: Al Irwin
Bookmark: http://www.mapinc.org/people/Randy+White

COURT TOO SOFT ON PROCEEDS OF CRIME, SAYS RANDY WHITE

Proceeds of crime investigations will have to be more aggressive, to
ensure assets are not returned to criminals, says Langley-Abbotsford
MP Randy White. White says a November B.C. Provincial Court ruling on
a Langley case - returning $244,760 Canadian and $70,000 U.S. bills to
the accused, could be precedent setting.

In a drug raid on Sept. 11, 2001, the RCMP seized the cash on the
premises of Absolute Power, a company engaged in the production of
pornographic videos, or in the adult entertainment business, the court
summary states.

The accused filed an affidavit that the monies seized were the
property of Absolute Power.

Judge W.F. Stewart ruled that the company had possession of the
building and the contents. "It's certainly suspicious, and one can
only look in terms of the photographs as to how this money was
packaged and secreted in the building, as to where this money may have
come from," the judge wrote.

"However, the Crown has not proven that this money is tainted by
criminality, and the money will be returned to the company," Stewart
concluded.

White said "at a minimum, you would think someone would fingerprint
the wrap, and (connect the money) to the people they have charged for
the drug bust."

Additionally, the money could have been submitted to Revenue Canada,
"to match the money with the income of that company," White said.

"That's a very minimum they could have done."

White referred to another bust, two weeks ago in the Fraser Valley, in
which police seized 5,000 marijuana plants, $300,000 in cash,
handguns, two kilos of cocaine, an airplane and three stolen boats.

There were 14 people charged.

"Based on the recent court ruling, I'm sure the 14 individuals who
were charged will be making applications to the court to get back all
their money and property," White said.

He said the police are frustrated. "They don't have the confidence in
the courtrooms work right."

"These busts are getting larger and larger. I've got a picture of one
of your subdivisions, an aerial photo, Hillcrest (near Langley
Memorial Hospital). There's 42 houses in there within four years old.
(There have been) 11 drug busts in there, and more to come.

"Crown counsel has to work harder. Crown counsel has to do a better
job than this.

"We can not give these assets back, especially the cash, because these
guys just go and find another drug op." 
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MAP posted-by: Richard Lake