Sun, Sep 07, 2008

Tucson Region

States, feds allow assets used in crimes to be seized

By Erica Meltzer and Kim Smith
Arizona Daily Star
Tucson, Arizona | Published: 05.04.2008
State and federal laws allow law enforcement agencies to seize assets used in certain criminal enterprises and use the proceeds to fight crime.
The Racketeer Influenced and Corrupt Organizations Act — or RICO — allows law enforcement agencies to seize cash, homes, cars or anything else of value used in the commission of a crime or purchased with the proceeds from a crime.
Drug dealing, financial crime and even a drive-by shooting can leave suspects vulnerable to having assets seized.
To determine if property has been purchased with crime proceeds, forensic accountants are called in to compare legitimate income to expenditures after subpoenaing bank and tax records, said Deputy County Attorney Tom Rankin, who heads the forfeiture unit.
After an arrest, the law enforcement agency files a report about property that might be eligible for seizure and whether there are any liens on or co-owners of the property. "We do a lot of training with law enforcement to teach them what is subject to forfeiture and what questions to ask," Rankin said.
Even if a drug suspect didn't buy a car with drug money, it can be seized if it was used to transport drugs or driven during negotiations.
Once someone is charged, the County Attorney's Office has 60 days to notify the person that their property is being seized. There then is an administrative or court hearing to verify the agency is justified in keeping the property.
Seized assets can be sold, or become part of a plea-bargain agreement with the defendant.
The assets are distributed based on each agency's contribution to the case, with the County Attorney's Office keeping 15 percent of all forfeited assets and serving as a fiduciary for the fund.
Each agency decides for itself how to use or distribute the funds, within the limits of the law. Community relations and youth activities are among the allowed expenditures.