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SCHOOLS NOT LIKELY TO REAP WINDFALL

Drug Bust Money Will Remain With Law Enforcement

An $850,000 windfall from a recent drug bust won't likely end up in school coffers, and a court ruling will likely guarantee it.

According to the state constitution, fines and forfeitures are supposed to go to the public schools.

However, law enforcement isn't required to share seized money with schools when federal charges or agencies are involved.

When authorities in Craven and Onslow counties seized the money last week, they said at the time it would be divided among law enforcement agencies through the Asset Forfeiture Program usually administered by the U.S.  Attorney's Office.

About 80 percent of the $850,000 would then go back to the agencies for use in further drug investigations.

David Henderson, attorney for Craven County Schools, said the money technically is supposed to go to the schools, but federal authority outweighs state law.

"By state constitution, it is, but what happens is the feds get into it, and they override the state constitution," he said last week.  "Being a federal case, it's no longer bound by state constitution.  It doesn't go to the schools.  This has been going on for years."

If the school systems sought to gain the money through court action, a precedent from a 1990 court ruling could prevent them from winning.

Then, the Forsyth County school system sought about $10,000 seized by Winston-Salem police.  A lower court ruled against the school system and an appeals court upheld the ruling.

Henderson said school systems have attempted to change the law that allows law enforcement agencies to go through federal channels to keep a US NC: percentage of seized drug money.

"There came a time when the school attorneys tried to get a new law passed in Congress, but they couldn't get anything going on it," he said.  "They struck out."

Henderson said the school systems do receive money from civil fines and forfeitures, such as fines stemming from state environmental violations.  However, he said major drug seizures and forfeitures rarely find their way to the school systems.

"It's a shame, but that's the way it goes," Henderson said.  "There's not anything anybody can do about it."