Pubdate: Fri, 03 Dec 2010
Source: Maple Ridge News (CN BC)
Copyright: 2010 Maple Ridge News
Contact:  http://www.mapleridgenews.com/
Details: http://www.mapinc.org/media/1328
Author: Monisha Martins, Maple Ridge News

FORFEITURES HITTING CRIMINALS WHERE IT HURTS

Mounties are targeting the homes, cars and businesses of criminals in Maple 
Ridge and Pitt Meadows in an attempt to curb crime and deter others from 
trying to set up shop in the municipalities.

This year, two houses in Maple Ridge that were used to grow marijuana have 
been restrained or frozen under criminal proceeds legislation, while three 
others   including a business   are awaiting decisions from Crown.

A house that held a marijuana grow operation and a "crack shack" are also 
being pursued under the Civil Forfeiture Act.

Ridge Meadows RCMP seized a total of 8,650 plants from the six 
properties   a crop that would have earned between $1,557,000 to $2,595,000 
in sales.

The forfeitures are one way of hitting criminals where it hurts.

Police have dismantled a number of grow operations and forwarded criminal 
charges, only to see the suspect back in business a few months later   in 
the same house.

Sgt. Daryl Creighton, who heads the detachment's Street Enforcement Unit, 
said police also believe that the proceeds of marijuana sales have gone 
into purchasing local businesses.

"While our efforts are not solely directed toward curbing organized crime, 
we certainly don't shy away when the opportunity presents itself," he 
added. "Ultimately, the profits of drug dealing go into the pockets of 
those involved in organized crime."

The federal Controlled Drugs and Substances Act has provisions in the 
Criminal Code for property forfeiture. But under that act, a criminal 
conviction is required before the forfeiture can take place.

With civil forfeiture, courts can go after property or proceeds of crime, 
where no charges are laid or person convicted.

While the process to pursue properties in civil court is easier, it's an 
avenue Ridge Meadows RCMP won't be pursuing aggressively.

"Our primary goal is to charge those responsible for their crimes and we 
won't seek civil forfeitures in lieu of criminal charges or criminal 
forfeitures," said Creighton.

"Each investigation will be evaluated individually and a decision will be 
made based on the evidence before us. The criminal court process will 
remain our priority."

Civil Forfeitures

The important difference between a criminal prosecution and a civil lawsuit 
is the suit filed by the provincial civil forfeiture office is against the 
property, not the owner.

"We just have to be able to prove that the property in question is either 
proceeds from unlawful activity or if it was an instrument used to commit 
the offense, like a house being used to grow marijuana," said Rob Kroeker, 
executive director of B.C. Civil Forfeiture Office.

As of November, there have been 174 successful civil forfeitures in B.C. 
More than 90 per cent of them were connected to unlawful activity related 
to illegal drugs and money laundering.

So far, only one forfeiture involving three properties in Burnaby has been 
challenged in court.

Since the office opened in 2006, cash and assets valued at more than $14 
million have been forfeited to the province, including $4.4 million since 
April.

The seized money helps fund the operation of the forfeiture office and is 
used to pay victims of crime.

The remainder of the cash is kept in an account and directed towards crime 
prevention programs and community organizations.

Kroeker believes civil forfeitures do have an impact on criminal activity 
and are a deterrent for crime.

"It's $14 million that otherwise would have gone back into the criminal 
economy," he said.

Forfeitures

Criminal forfeiture - Completed:

1. marijuana grow, 2,000 plants, one main suspect, three charges - property 
restrained, not sold;

2. marijuana grow, 1,000 plants, one main suspect, three charges - property 
restrained, not sold.

Criminal Forfeiture - Awaiting Decision:

1. marijuana grow, 1,000 plants, one main suspect, three charges - awaiting 
decision - proceeds funded purchase of business - requesting residence and 
business be restrained;

2. marijuana grow, 2,700 plants, one main suspect, three charges - awaiting 
decision;

3. marijuana grow,  450 plants, one main suspect, three charges - awaiting 
decision.

Civil Forfeiture - Being Written:

1. marijuana grow, 1,500 plants, no charges at this time - not yet submitted

2. local crack shack - not yet submitted.

- - courtesy Ridge Meadows RCMP
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MAP posted-by: Jo-D