Pubdate: Sat, 08 Jul 2006 Source: Milwaukee Journal Sentinel (WI) Copyright: 2006 Journal Sentinel Inc. Contact: http://www.jsonline.com/news/editorials/submit.asp Website: http://www.jsonline.com/ Details: http://www.mapinc.org/media/265 Author: David Doege Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) Bookmark: http://www.mapinc.org/pot.htm (Cannabis) LAW DENTS DEALER'S LIFESTYLE $300,000, LAND SEIZED FROM MARIJUANA GROWER For the second time in six years, Jerry Hartman has to find a new way to make a living. When foot ailments made it impossible for Hartman to continue working as a machinist in 2000 after 25 years on the job, he learned how to grow marijuana and sold it to a few of his friends. "Unfortunately, Jerry was too good at growing marijuana and he realized financial profit," a consultant hired by an attorney for Hartman said in a recent memorandum filed in Waukesha County Circuit Court. "When he purchased land to grow the marijuana, both the plants and his profits flourished." When narcotics investigators got wind of his flourishing enterprise, they jailed Hartman on charges that recently sent him to prison with a four-year term. But it's not just the prison time that will leave Hartman looking for a new line of work when he regains his freedom in 2010. Hartman will be starting from scratch at age 56 because investigators scooped up more than $300,000 that he pocketed over the last few years and took title to 9 acres that he cultivated in rural Waukesha County. The seizure could be a textbook example of how authorities use potent asset forfeiture laws to force drug dealers into a new livelihood when they get out of prison. "The ability of the government to forfeit property connected with criminal activity can be an effective law enforcement tool by reducing the incentive for illegal conduct," the FBI says on its Web site. "Asset forfeiture can remove the tools, equipment, cash flow, profit, and, sometimes, the product itself, from the criminals and the criminal organization, rendering the criminal organization powerless to operate." Attorney Michael Sperling said this week that Hartman's decision not to contest the seizure of his land and money in federal court reflected his desire to end a wearying uphill battle. "I think he's just trying to bring this whole thing to an end," Sperling said. But even as Hartman begins his prison term and federal prosecutors close their files on the seizure of his land and cash, a state prosecutor still has her eyes on a plasma television, a 2002 Subaru and a 1962 Alfa Romeo that investigators took from Hartman when they arrested him last year. Those items are still the subject of a forfeiture case in state court that contends they were bought with money Hartman made peddling pot. Hartman was sent to prison recently by Waukesha County Circuit Judge Donald Hassin Jr., who also ordered him to pay fines and court costs totaling about $25,000. Hartman was arrested in November when investigators seized about 40 pounds of marijuana, $204,000 and three vehicles with the assistance of a self-admitted drug dealer who was arrested on suspicion of speeding and drunken driving, according to court records. After the dealer, a friend of Hartman's, was found to have $15,000 and one-half pound of marijuana in his car, the dealer cooperated with investigators from the Waukesha County Metropolitan Drug Enforcement Unit. Cash and plants A raid that night on a home Hartman rented for $1,200 a month in Waukesha yielded $12,900 that had been given to the cooperating drug dealer for the 3-pound transaction, roughly $75,000 in additional cash, about 10 pounds of marijuana and marijuana-growing supplies, according to an inventory attached to an affidavit filed in Circuit Court by investigators. From a storage facility on Merrill Hills Road, investigators seized about $129,000, about 30 pounds of marijuana and a 1996 Chevrolet truck. When narcotics officers visited the plot of land, on Holiday Road in the Town of Genesee, four days after Hartman's arrest, they found the remains of several marijuana plants still in the ground and holes "where the entire root system had been torn out of the ground," according to the documents. Seizure protested To preserve his right to fight the land and cash seizures in federal court, Hartman, through Sperling, filed documents contending the seizures violated various constitutional rights, were not supported by sufficient evidence and were overly punitive. "The land in question was purchased for private, legitimate use and any alleged use for illicit purposes was incidental and limited to a small portion of the property and forfeiture of the entire property is inappropriate," Sperling wrote in the three-page document, which amounted to the only fight Hartman put up in the federal court case. In it, he agreed recently to a settlement in which the government was awarded the land and roughly $304,000 of the seized cash. Assistant U.S. Attorney Lisa Wesley this week declined to explain how the government settled on those terms, and Sperling declined to say why Hartman decided to end that fight shortly before pleading guilty to the criminal charges in federal court. - --- MAP posted-by: Beth Wehrman