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Cops rake in millions from drug busts

By JORGE BARRIENTOS, Californian staff writer
jbarrientos@bakersfield.com | Sunday, Jul 20 2008 11:52 AM

Last Updated: Friday, Jul 18 2008 3:52 PM

It's the largest seizure of drug money in Kern County Sheriff's Department narcotics team history — and the department might get to keep most of nearly $900,000, officials say.

Late last month, the department seized the cash when three men with business ties in Bakersfield attempted to buy 40 kilos of cocaine from an undercover agent.

If it's proven that the cash is indeed drug money, it could be used by law enforcement to buy such things as shotguns, surveillance equipment and police dogs, as in past years. Drug money has also been used to fund drug and gang prevention programs.

It's called asset forfeiture, and officials say it's necessary to disrupt criminal organizations that hurt the community, and at the same time give back to that community and help law agencies fight more crime.

DIRTY MONEY

Asset forfeiture essentially takes the profit out of crime, officials say, depriving criminals of the proceeds from illegal activity.

“Our goal anytime is to disrupt or dismantle a crime organization,” said Sheriff's Lt. Mike Rascoe. “Drugs are funding the organization, and money is used to purchase drugs to fund their organization.”

“We want to get the money and drugs off of the street,” added Sgt. Otis Whinery, who worked on the $900,000 bust.

A federal law passed in 1986 gave agencies authority to seize drug assets as a way to crack down on drug profiteers and pump up crime-fighting budgets. Strict regulations went into effect afterward when officials started taking advantage of loose rules.

“They would find a marijuana joint on a yacht and seize the boat,” Whinery said. “They have since done away with that because of abuse.”

Now, district attorney's officials must prove seized items were bought using “dirty money,” or give it back to its owner.

“It's our burden to prove that it's drug money,” said Ken Green, county deputy district attorney.

For instance, one of the three men arrested in the $900,000 bust also owns a local auto lube and car wash business. The company was not seized because the Sheriff’s Department could not say for sure that it was a “drug business.” The investigation is ongoing.

Finally, a criminal case must lead to a conviction before money is dispersed to agencies, Green said.

Critics say asset forfeiture is more about supplementing budgets than taking drugs off of the street, and that the law leans more toward agencies who take money than those whose money is seized.

THE CUT

Sixty-five percent of the seized money goes to law enforcement agencies involved in the bust, then they decide how to split it. Fifteen percent of that agency money must be used for programs combating drug abuse and gang activity.

Ten percent of the money automatically goes to the district attorney's office, and 24 percent goes to the state. The remaining 1 percent goes to the state district attorney's association to be used for asset forfeiture training and education, according to the district attorney's office, which handles all county asset forfeiture cases.

So how many forfeitures happen each year?

In 2006 — the latest figures available — there were 4,995 forfeitures statewide, bringing in more than $38 million. Kern County had 132 of those cases resulting in $1,334,642 in seizures — the ninth most out in all state counties.

Currently, the Sheriff's department has nearly $292,000 in its asset forfeiture account, while the police department has about $1.1 million, officials said. In comparison, the total police department budget is just over $70 million, while the Sheriff’s Department budget is nearly $180 million.

WHAT IT’S USED FOR

Before strict guidelines went into effect, the Sheriff's department got a plane out of a bust. A deputy noticed one flying in the fog in a remote area and reported it, officials said.

The plane was found at Meadows Field and was being used to haul drug cargo. The department seized it, and it is now used to catch pot plant growers in Kern County mountains, officials said.

Illegally obtained property, like boats, cars, and real estate, are sold at auctions. Drugs seized by agencies are destroyed.

At the Sheriff's department, the cash has been used to beef up security at Lerdo Jail, buy surveillance and protective equipment for narcotics officers, and to reimburse the cost of the investigations that make busts possible.

It also goes toward gang and crime prevention programs, as well as the department's activities league, a nonprofit charity. The same goes for the police department.

The police department has used seized money to purchase police dogs, computer equipment for patrol cars and the D.A.R.E program. The department is in the process of buying a new bomb squad vehicle using $140,000 from the forfeiture fund, said Lt. Scott McDonald.

“It really helps us eliminate the profitability of drugs, and convert it for doing good things,” McDonald said.

Sometimes, alleged criminals will fight for their money, Green said, because “it's easy to do time in prison if you have $100,000 when you come out.”

Law enforcement officials said they don't care which illegal items they seize, as long as the stuff is off of the streets.

“We get satisfaction in disrupting an organization,” Rascoe said. “It doesn't matter if it's drugs, money or property.”

“The way I see it, the money is icing on the cake.”