Document text
0 of 3 Premium Clicks used this month SUBSCRIBE Print + Online Subscriber Activation | Register x Forgot Password | Need an Account? e-edition | subscribe | newsletter | deals Classifieds Jobs Autos Real Estate FEATURED » NEWS NOW (No heading) ... Our View: Charging ahead on supporting electric vehicles ... Rogue River man allegedly copped to fatal knifing, affidavit says ... (No heading) ... Our View: Charging ahead on supporting electric vehicles ... Rogue River man allegedly copped to fatal knifing, affidavit says ... FORFEITURES Attorney general's decision would limit federal sharing of asset forfeitures Comment By Thomas Moriarty Mail Tribune MailTribune.com By Thomas Moriarty Mail Tribune Posted Jan. 17, 2015 at 12:01 AM By Thomas Moriarty Mail Tribune Posted Jan. 17, 2015 at 12:01 AM » Social News A federal program long used by Jackson County law enforcement to seize funds and property in drug cases is getting the ax, the U.S. Department of Justice announced Friday. The Washington Post reported that Attorney General Eric Holder's decision would end almost all distribution of proceeds from cash and vehicle seizures to state and local agencies under what's known as "equitable sharing." The arrangement allows state and local law enforcement agencies to have the property they seize in criminal investigations "adopted" by the federal government. The government keeps a small fraction of proceeds from the seizure and returns the majority to the local agency.  While judges have long ordered criminals to forfeit the proceeds and instruments of their crimes upon conviction, civil forfeiture proceedings, by contrast, seek to prove that the property itself is inherently illicit — such as drug funds — and take place independently of any criminal prosecution. The decision follows years of criticism of federal civil forfeitures by civil libertarians, who argue law enforcement agencies have been using the process as a tool to generate revenue rather than to further criminal investigations. Medford police Chief Tim George resists the notion law enforcement agencies have been abusing the program, saying his department is employing forfeiture as a tool against drug trafficking and money laundering organizations. "I'm not in argument that you should have a criminal charge (to seek forfeiture of seized property)," he says. "We're not involved in a case unless there's a criminal nexus to it." For years, the Medford Police Department has brought its drug detection dogs to the city's FedEx and U.S. Postal Service shipping facilities to conduct checks of packages, resulting in the seizure of tens of thousands of dollars from what police say are cash payments for marijuana grown locally and shipped illegally out state. Medford police Lt. Kevin Walruff, who heads the multi-agency Medford Area Drug and Gang Enforcement team, says his investigators sometimes directly seek federal adoption of seizures for funds or property worth more than $5,000, but have typically sought adoption through their federal partners' in-house forfeiture counsel. An FBI agent is assigned to MADGE as an investigator, and the task force regularly works alongside the Drug Enforcement Administration and agents from Immigration and Customs Enforcement's Homeland Security Investigations. "We certainly took advantage of equitable sharing," George says. "Generally, on our cases, it's been an 80-20 split."  Equitable sharing has proven a boon to Oregon counties that have been heavily restricted from pursuing civil forfeitures on the state level since the early 2000s, when a series of ballot measures increased the burden of proof for law enforcement, who had been heavily relying on civil forfeitures to fund local drug task forces. When state and local agencies do obtain asset forfeitures at the state level, the law requires that 40 percent of the funds go towards drug treatment, 7 percent into a fund for drug lab cleanup programs, 10 percent to the general fund and 3 percent to the Asset Forfeiture Oversight Advisory Committee. While local law enforcement have and do seize real property in many cases, Walruff says there's always the question of whether money is still owed on the property and how much it will cost to maintain it. Cash is easier to seize than a car with an outstanding loan. "What we don't want to be doing is be spending the government's money, or the people's money, to seize property," Walruff says.  "If storage is going to cost $600, and the car's worth $500, it's not worth it." Both George and Jackson County Sheriff Corey Falls, whose department also contributes investigators to MADGE, said the decision wouldn't have any impact on their agency's funding for routine operations. "You can't budget for forfeitures," Falls said. "You can use them to purchase 'extracurriculars' after you've spent your budget." George says his department expects to receive further guidance on forfeitures from its federal partners in light of the decision, which doesn't affect state and local agencies' ability to pursue forfeitures on the state level. Seized assets that pose a threat to public safety, such as firearms or property associated with child pornography, are also reportedly exempt from Holder's decision and still eligible for federal adoption. Reporter Thomas Moriarty can be reached at 541-776-4471, or by email at [email protected] . Follow him at @ThomasDMoriarty . By Thomas Moriarty Mail Tribune MailTribune.com By Thomas Moriarty Mail Tribune Posted Jan. 17, 2015 at 12:01 AM » Comment or view comments Reader Reaction » STAY INFORMED Email NewsLetter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Southern Oregon Directory Featured Businesses Loading... Business Name address Location, ST | website.com Find Southern Oregon Attractions Bars Restaurants Beauty Salons Entertainment Doctors Medical Specialists Contractors Education Lawn Services Lawyers Shopping Travel Tanning Used Cars Wedding Services ▼ Add your business here + Events Calendar Connect with MailTribune.com Facebook Twitter RSS Back to top Reader Services Reader Services Home Subscriptions Subscriber controls Contact us Submissions Photos Events Letters to the editor Corrections Announcements Obituaries Story ideas Since you asked Alerts Email Alerts RSS Feeds Text Alerts Advertise Media Kit Home Products and services Ad rates Advertising contacts Propel Marketing Mail Tribune Daily Tidings The Nickel Shop Our Valley Blogs Mobile Site Stay Informed Email newsletter Sign Up Today Sign up for our newsletter and have the top headlines from your community delivered right to your inbox. Your privacy is important, read our privacy policy. © Copyright 2015 Local Media Group, Inc. All Rights Reserved. Privacy Policy | Terms of Service | Local Media Group Publications Original content available for non-commercial use under a Creative Commons license, except where noted. MailTribune.com | P.O. Box 1108, Medford, OR 97501