Pubdate: Wed, 20 Mar 2002
Source: The Southeast Missourian (MO)
Copyright: 2002, Southeast Missourian
Contact: http://www.semissourian.com/opinion/speakout/submit/
Website: http://www.semissourian.com/
Details: http://www.mapinc.org/media/1322
Author: Marc Powers
Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture)

LAW LEADS TO BETTER REPORTING OF ASSETS SEIZED

JEFFERSON CITY, Mo. -- More stringent reporting requirements on how 
local law enforcement agencies handle cases involving the seizure of 
cash or property appear to be having the desired effect, with 90 
percent of county prosecutors complying with the new law.

Reporting of seizures made during 2001 marked a dramatic improvement 
in compliance over that for 2000 under the more lax requirements in 
place at the time. Only 26 percent of prosecutors filed timely 
reports last year with the Department of Public Safety for 2000 
seizures.

The law now requires prosecutors in all 115 Missouri counties plus 
St. Louis city and the attorney general's office to annually report 
seizure cases in their jurisdictions to the state auditor, as well as 
DPS. Prosecutors who intentionally fail to do so could be charged 
with a class A misdemeanor and fined up to $1,000. Previously, there 
was no penalty for not reporting.

For 2001, prosecutors reported a total of 2,248 cases involving the 
seizure of more than $3.5 million in assets.

Including reports the auditor received after the Jan. 31 statutory 
deadline, all but 11 county prosecuting attorneys -- four from 
Southeast Missouri -- met the new requirements.

'We Had Nothing To Report'

Prosecutors in two of those area counties said it was a simple oversight.

"The reason we didn't file a report was because we had nothing to 
report," said Dunklin County Prosecuting Attorney Stephen P. 
Sokoloff. "But I'll get with them to make sure we're clear."

Reynolds County Prosecuting Attorney Robert A. Johnson also said he 
overlooked filing his report because his office handled no seizure 
cases last year. Johnson said he would immediately rectify the 
situation.

Prosecutors in Perry and Wayne counties, who also didn't submit 
reports, were out of their offices Tuesday and couldn't be reached 
for comment.

The reports are required under revisions to the Criminal Activity 
Forfeiture Act Gov. Bob Holden signed into law in May. The changes 
were intended to stem perceived abuses by police in property seizure 
cases.

Will be reminded

Glenn Campbell, McCaskill's spokesman, said prosecutors who didn't 
submit their reports would be called this week and reminded of the 
law. Campbell said most of those, like Sokoloff and Johnson, likely 
thought they didn't have to report if they had no seizures.

Though it isn't expected to happen, Campbell said McCaskill would ask 
the attorney general's office to pursue charges against a prosecutor 
who flat out refused to comply.

"It's not as if we're walking out the door today with a bunch of 
warrants for prosecuting attorneys around the state, but we have 
certain obligations," Campbell said.

However, Scott Holste, a spokesman for Attorney General Jay Nixon, 
said it doesn't appear Nixon's office has jurisdiction over such 
cases, if any were to be pursued. Holste said a judge likely would 
have to appoint a special prosecutor.

State Sen. Harry Wiggins, D-Kansas City and sponsor of the CAFA law, 
said it is clear the attorney general would pursue such charges. 
However, he said the jurisdiction question would probably be moot.

"I can't imagine us prosecuting prosecutors," Wiggins said. "I think 
notification of the law should be enough" to encourage compliance.

Closed a Loophole

Though detailed reporting is key to ensuring state oversight over 
seizure procedures, the main drive behind passing the law was to 
close a legal loophole some law enforcement agencies used to 
circumvent the Missouri Constitution and pad their budgets.

The Constitution requires assets seized in relation to a crime to be 
turned over to a state education fund. However, some local agencies 
would claim they merely "detained" assets until federal agents, 
usually with the Drug Enforcement Administration, came to "seize" 
them.

After taking a cut of the proceeds, the federal agency would return 
the rest to the local agency. Critics of the practice likened it to 
money laundering.

The new law clarified that the seizing agency is that which first 
exercises control over cash or property. Approval from a state judge 
is required to turn assets over to a federal agency.

According the report, 14 percent of the $3.5 million in assets seized 
last year was transferred to federal agencies. Only 6 percent went to 
the state. About 41 percent of the total was pending disposition and 
31 percent was returned to the owners. The remaining 8 percent wasn't 
immediately accounted for.

Because the new law didn't take effect until Aug. 28, transfers to 
federal agencies with judicial approval before that time were still 
legal.

Unspecified law enforcement agencies in Cape Girardeau and Butler 
counties were the only ones in Southeast Missouri to involve federal 
agencies in seizures last year, according to the report.
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MAP posted-by: Josh