Pubdate: Sun, 01 Jan 2006
Source: Kansas City Star (MO)
Copyright: 2006 The Kansas City Star
Contact:  http://www.kcstar.com/
Details: http://www.mapinc.org/media/221
Author: Karen Dillon
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

SCHOOLS FAIL TO GET CONFISCATED CASH

Missouri officials are attempting once again to overhaul state laws 
so that millions of dollars of cash confiscated in suspected drug 
crimes goes to public education.

State law requires that proceeds from fines and forfeitures be spent 
on public education.

But only $10 million of the $71 million in suspected drug money that 
law enforcement agencies have seized since 1999 has ended up in 
school coffers, according to government records.

Instead, Missouri law enforcement agencies have used a strategy 
allowing them to keep drug money by handing it off to a federal law 
enforcement agency. A series of news articles in 1999 and 2000 
revealed how the federal government kept a portion, 20 percent or 
more, and then sent the rest back to the seizing agency to be spent 
under federal guidelines.

That was a strategy being used not only in Missouri, but in many other states.

In Missouri, state legislators thought they fixed the problem in 2000 
with new legislation. The fix didn't take, they now say.

One reason law enforcement officials say they are continuing to send 
the money to the federal government or not seizing drug money at all 
is because Missouri laws are too protective of criminal suspects.

Now a task force of law enforcement and education officials, brought 
together by Missouri Treasurer Sarah Steelman a year ago, believes it 
finally may have an answer with legislation it has drafted.

"It's good for kids, it's good for law enforcement," said Doug 
Gaston, deputy treasurer and a former prosecutor, who led the task force.

The bill would eliminate the requirement that property can be 
forfeited only after a person has been convicted of a crime. It also 
would be quicker to take someone's property — 30 days after a seizure 
in many cases.

In addition, the bill would:

# Allow law enforcement agencies to keep up to 50 percent of a 
forfeiture to pay for the cost of their investigation. In order for 
an agency to recoup its expenses, rules would be set up requiring the 
agency to submit its expenses, most likely to the judge overseeing 
the forfeiture, officials said.

# Send the rest — 50 percent or more — to a state school fund.

# Require that once the school fund has a balance of $6 million, 
additional money go to increase minimum salaries for teachers.

# Require that once minimum salaries for teachers have been taken 
care of, the rest of the money would be used for safe school grants 
providing for school resource officers, metal detectors, fences and 
other safety programs.

"You are talking about big dollars," said Rep. Scott Lipke, chairman 
of the crime prevention committee. Lipke, a Jackson Republican, and 
Sen. Chris Koster, a Harrisonville Republican, are sponsoring the bill.

Some law enforcement officials said they are agreeable to the 50-50 
split because they are eager to provide safety to students and to pay 
teachers more.

"We want to make sure that kids can learn in a safe environment," 
said Tim Lewis, the Festus police chief. "Nobody wants to be in a 
position where we seem to be making money because we won't. For the 
police departments, we just like to help offset some of our costs."

No conviction

Since the 19th century, Missouri has banned law enforcement from 
profiting from crime — the fear has been that it would reap abuse.

In addition, to protect civil liberties, Missouri laws have required 
that the government can't forfeit a person's cash or property until 
that person has been convicted of a crime.

But with the advent of the war on drugs, Missouri laws have been in 
conflict with new federal drug laws not requiring a conviction and 
allowing law enforcement to keep the proceeds of forfeitures.

To align Missouri's laws with federal laws, the new bill would 
eliminate the conviction requirement.

It would make the process of forfeiture speedy. In the past, some 
cases took almost two years under state law while authorities waited 
to see if a suspect would be convicted.

The new bill would require an officer who seizes cash or property to 
issue a ticket to the owner notifying him that it is going to be 
forfeited. If the owner does not respond within 30 days, the 
prosecutor — without obtaining a judge's approval — can declare the 
property forfeited.

Randy Scherr, executive director of the Missouri Association of 
Criminal Defense Lawyers, was shocked when he learned about the 
proposed changes. Scherr was not invited to sit on the task force. He 
said that defense lawyers will follow the bill closely.

Scherr said he believes that state forfeiture laws already were fair 
and clear. State laws take more time to follow, but that's because 
they provide more protections than federal laws, he said.

Eliminating the conviction provision is dangerous to individual 
rights, he said.

"They are suggesting that they want to be able to take people's 
property without finding them guilty of some crime," Scherr said. "It 
sounds like a total reversal of all the protections the state put in."

Gaston said he believes the bill carries many protections for 
individuals who are innocent.

"It's a fine line always because you want to make sure you are 
protecting people's civil rights first and foremost," Gaston said. 
"But the bottom line — our kids are not getting the money they should 
be getting for their education because of this system."

One member of the task force representing education said that 
Missouri forfeiture laws are "somewhat antiquated" and that if 
schools are to get the money, loosening up state laws appears to be 
the only way.

"There is still an incentive for law enforcement to go federal 
because it is very difficult for law enforcement to obtain the 
assets," said Melissa Randol, general counsel for the Missouri School 
Boards Association.

Skirting the law

After the news stories in 1999 and 2000, some law enforcement 
agencies, including the Kansas City police, said they would strictly 
follow state law. They did not want to appear to be profiting from police work.

But since then, every county seems to be going by its own 
interpretation of the law, task force officials said.

As a result, at least $61 million since 1999 has been turned over to 
federal agencies. After the federal government takes 20 percent or 
more, the money has been returned to police.

Kansas City police are big contributors to the school fund, sending 
$1.2 million to schools since 2001. But Kansas City police have 
received even more back from federal agencies.

A police spokesman said the department would not comment on the new 
bill but would follow its progress.

Mark Hughes, a spokesman for the state treasurer, said he hopes the 
bill would remove law enforcement's incentive to avoid using state 
laws. For example, Hughes said, he was told that some local officers 
after finding a large sum of money during an investigation would don 
jackets with "FBI" or "DEA" on the back of them. They then said they 
were federal agents and seized the money for the federal government.

In other cases, law enforcement officers weren't seizing property 
when it appeared to be a legitimate forfeiture case because they said 
that Missouri law was too complicated.

"The (bill from) the treasurer's task force will get us a lot closer 
to state law's intended purposes," Hughes said.

In Greene and Lawrence counties in just two months last spring, law 
enforcement agencies seized more than $500,000 from cars on the 
highway and handed it off to federal agents, said Greene County 
Prosecutor Darrell Moore.

That's because there were no drugs found in the vehicles, so there 
was no crime to prosecute under state law.

Moore said the new bill would make it easier to take such cases to state court.

"State and local governments are missing out on significant sums of 
money," Moore said. Where the money goes

The five Missouri law enforcement agencies that have received the 
most forfeiture money from federal agencies since 1999:

St. Louis County Police Department	$11,215,448 St.

Louis Metropolitan Police Department	$6,028,000

Arnold	                                                $4,979,759

Missouri Highway Patrol	            $3,361,605

Kansas City Police Department	$2,578,207

For figures from all police agencies, go to 
http://www.usdoj.gov/jmd/afp/02fundreport/index.htm .

Source: U.S. Department of Justice reports to Congress
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MAP posted-by: Jay Bergstrom