Pubdate: Sun, 18 Jul 2004 Source: Wisconsin State Journal (WI) Page: B3 Copyright: 2004 Madison Newspapers, Inc. Contact: http://www.wisconsinstatejournal.com/ Details: http://www.mapinc.org/media/506 Author: Sunny Schubert Note: Schubert is a member of the State Journal editorial board. Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) ESCALADE ESCAPADE' LEGAL - BUT WRONG Columbia County Sheriff Steve Rowe says it's perfectly legal for him to drive around in a used Cadillac Escalade his department seized from a drug dealer. It may be legal, but that doesn't make it right. He also says the Cadillac cost the taxpayers nothing. That's not exactly true: It's diverting money that ought to be going into the state school fund. In fact, cases similar to Columbia County's "Escalade escapade" have diverted at least $7.5 million from the school fund in the past four years alone. Police and prosecutors are circumventing a state law which requires that items seized during a criminal investigation be forfeited in state court and the money turned over to a state school fund. With federal government help, they've found a way to keep most of the goodies for themselves. It all started with the war on drugs, when the Drug Enforcement Administration began seizing boats, cars, houses and cash used by drug smugglers and dealers, then selling them to finance DEA operations. Local police were also making drug-related seizures. Wisconsin prosecutors were supposed to file forfeiture actions in state court and turn the money over to the school fund. But the locals soon found that if they brought the feds in on a case, the DEA or the U.S. Attorney's office would handle the forfeiture actions, thus relieving local prosecutors of an unwelcome burden. The feds -- after keeping 20 percent off the top -- would turn the proceeds back to the police agencies themselves. The school fund was out of the loop. Defense attorneys compare this deal to piracy. "It's the same system that was used on British naval ships during the Revolution," says Madison lawyer Steve Hurley. "They paid the sailors by letting them keep the loot they took off ships they seized. It's law enforcement getting a direct, monetary reward from the work they do." Hurley tells of a man who solicited a prostitute who turned out to be an undercover officer; the police seized his car. In New Jersey, a teen-ager sold drugs while driving the family car; the car was seized even though it didn't belong to the teen. That case, still in the court system, could result in New Jersey's civil forfeiture law being declared unconstitutional. Defense attorney David Mandell says it's not uncommon for someone to be arrested, have his or her assets seized, but never be convicted -- or even charged -- of a crime. "I had a case where a couple was arrested, the cops took a large amount of cash from them, but they were never charged -- and of course, they never got the cash back." Hurley concurs: "I can't tell you how many times I've settled these kinds of cases by saying OK, you can keep the car, keep the house, just drop the charges.' I've also had cases where my guy gets acquitted but still doesn't get his stuff back." Assistant U.S. Attorney Beth Altman says, "It is our general policy that we want to see convictions" in property seizure cases and adds "by federal law, there must be criminal behavior" before any seizure is made. Still, she concedes that some defendants may not be charged nor convicted but still lose their property. The Dane County Sheriff's Department received $258,396 and eight cars in 2003 through seizure actions. Sheriff Gary Hamblin says the money and cars were shared with other police departments. He says the process holds down taxpayer costs for policing. But letting cop shops keep the booty they seize from criminals (and sometimes from non-criminals) circumvents not just the state law that says such money is supposed to go to the school fund, but the legislative process itself. The judicial branch, which includes police officers, isn't supposed to determine what it gets to spend -- that's up to the executive and legislative branches of government. When cops and prosecutors act like pirates, they violate the separation of powers. It's highly unlikely that the Columbia County Board would have allowed Rowe to buy a Cadillac Escalade with taxpayer money. It's even less likely that the Portage School Board would have chipped in. But that, in effect, is what happened. And it happens all over Wisconsin. It may be legal, but that doesn't make it right. - --- MAP posted-by: Richard Lake