Pubdate: Thu, 29 Sep 2005 Source: Aldergrove Star (CN BC) Copyright: 2005 Central Fraser Valley Star Publishing Ltd. Contact: http://www.aldergrovestar.com/ Details: http://www.mapinc.org/media/989 Author: Jan Westell Bookmark: http://www.mapinc.org/af.htm (Asset Forfeiture) Bookmark: http://www.mapinc.org/mjcn.htm (Cannabis - Canada) FIGHT'S ON FOR OWNERSHIP OF 'DRUG TUNNEL' PROPERTY The United States has every intention of attempting to seize a Langley property, if the U.S. Attorney's office is successful in convicting a Canadian charged with drug smuggling through a cross-border tunnel, according to an assistant United States Attorney. "It is forfeitable through the U.S. under criminal laws," said Richard Cohen an Assistant U.S. Attorney based in Seattle, who indicated that the criminal charge against Francis Devandra Raj, 30, has to stick. "In order to do a criminal forfeiture, the defendent must be convicted first." While there has been several drug tunnels discovered on the southern U.S. border with Mexico, this appears to be the first cross-border tunnel that originated from Canada. According to Cohen, the U.S. has been successful in seizing Canadian revenue, in collecting the proceeds of crime. However, seizing land from Canada as a result of an arrest in the U.S., may be a precedent - at least in the Pacific North West. "As far as I know, we haven't done it with real property (from Canada) in this district," said Cohen. "I can't speak for the rest of the country." To make that seizure, Cohen admitted that there would have to be an international agreement with Canada, and ultimately a conviction against Raj, who has already agreed not to sell, or transfer the property while the U.S. case is pending. "We have to request assistance of foreign jurisdiction, in order to enforce that order (to seize the property)," he said. "We would do that, if we had a conviction." Langley Township's mayor can appreciate the merits of a successful joint police investigation on both sides of the border, and is in favour of stiff penalties. Mayor Kurt Alberts can also understand why the U.S. would want to seize the property in question, as a method of ensuring criminal consequence. However, Langley Township is still owed $35,000 for filling in the tunnel, and may have some other property expenses to collect. "We of course look for recovery of the money from the property," he said. "We would in effect, put a charge against that property, to recover that." Langley's Conservative MP Mark Warawa has his own problems with Canada's legislation for collecting the proceeds of a crime. He says the Canadian landowner involved in the cross-border drug bust has to be charged in Canada, before the Crown prosecutor can apply to seize property. And if this happens, then the U.S. would have to stand in line, to seek compensation for proceeds of a crime. "Canada would be number one on the list," said Warawa, who has been fending off phone calls, emails and other enquiries from area residents who are concerned about potential U.S. seizure of the Aldergrove property - and what has been developing into a sovereignty issue. "It has been a hot topic over the summer," he said. "There's been frustration that Langley was handed a $35,000 bill to fill in the hole, and the federal government needs to compensate Langley residents for that. It should be a federal expense." As a result, Warawa has penned a letter to Justice Minister Irwin Cotler, asking for Langley Township's compensation in this case, and other outstanding commercial fees, which might include a bank mortgage related to the property. That property is located on 0 Avenue, near the Aldergrove/Lynden border crossing, and was worth approximately $500,000 when it was purchased recently by the accused, according to the Langley MP. The property contains a home and a hut, which housed one end of a 110 metre tunnel, which surfaced on the U.S. side, on Boundary Road. The tunnel was shut down in July, and three Canadians were arrested on the U.S. side. Raj, Timothy Woo, 34, and Jonathan Valenzuela, 27, were charged with conspiracy to distribute and import marijuana. They are being held in Washington state and have a trial set for Oct. 17. - --- MAP posted-by: Richard Lake