Pubdate: Fri, 21 Aug 2015
Source: San Diego Union Tribune (CA)
Copyright: 2015 Union-Tribune Publishing Co.
Contact:  http://www.utsandiego.com/
Details: http://www.mapinc.org/media/386
Note: Seldom prints LTEs from outside it's circulation area.
Author: David Bejarano
Note: Bejarano. Chula Vista's chief of police, is the current 
president of the California Police Chiefs Association. He is the 
former police chief of San Diego.

PROPOSED LAW MAKES IT EASIER TO RETAIN CRIMINAL ASSETS

California is the world's eighth largest economy, and with a large 
regulated economy comes a large unregulated economy and transnational 
criminal money laundering schemes. In fact, in 2012, the California 
Department of Justice found 305 drug-related transnational criminal 
organizations in California. By comparison, there are only 309 
In-N-Out Burger locations in the entire Western United States. It is 
a sad commentary when it is nearly as easy to launder money as it is 
to get a burger and fries.

Transnational criminal organization activity creates enormous public 
safety threats for Californians. In the 2012-2013 fiscal year, 
California state drug task forces disrupted or dismantled 140 drug, 
money-laundering and gang organizations, arrested nearly 3,000 
individuals, rescued 41 drug-endangered children, confiscated 1,000 
weapons and seized nearly $28.5 million in U.S. currency in 
anti-narcotic law enforcement actions statewide. Many of these 
operations are in conjunction with our federal law enforcement 
partners, who provide local law enforcement with additional tools, 
bodies and financing.

Sadly, a very effective tool in battling transnational criminal 
enterprises is at risk of being taken away. California Senate Bill 
443 will require a criminal conviction before the accumulated 
criminal assets of a transnational criminal operation can be taken 
away. Imagine a drug dealer who has accumulated millions of dollars 
selling drugs. Under SB 443, our hypothetical drug dealer is able to 
transfer their assets prior to their conviction, allowing for the 
larger criminal enterprise operations to continue.

Is there anyone who could seriously argue that that dealer should be 
able to still keep the accumulated millions derived from those 
illegal sales? Should a bank robber whose conviction is overturned on 
appeal be permitted to keep the proceeds from his armed robbery?

The ability to forfeit the criminal assets of these transnational 
criminal organizations is far more destructive to their criminal 
operations than sending one or two of their members to prison. A 
successful civil forfeiture action can cripple a transnational 
criminal enterprise, assuring that they will be unable to prey on the public.

So what are these transnational criminal operations doing in 
California? Many are involved in human trafficking, narcotics 
trafficking and money laundering.

All three of these activities have adverse effects on Californian's 
quality of life. California is one of the top two states in which 
drug money is both destined and seized. We trade the title of "No. 1 
state" with Texas on a semi-regular basis, and although I would be 
happy to never see California carry the title again, enactment of SB 
443 would make that hope a remote one. The flow of dirty money fuels 
criminal operations and supplies these organizations with the means 
to further their reach. In fact, an estimated 1.5 to 2 percent of our 
state's gross domestic product is laundered annually. That's more 
than $30 billion a year.

In addition to permitting transnational criminal cartels to retain 
their criminal proceeds, SB Bill 443 will cost California's general 
fund as well as local law enforcement about $80 million annually in 
lost revenues.

Here's why: On July 24, the U.S. Department of Justice began 
informing California law enforcement agencies that if SB 443 is 
enacted into law, all California state and local agencies would be 
ineligible to participate in Department of Justice Equitable Sharing 
Programs. This means not only will local law enforcement and the 
state of California suffer a severe revenue loss, but that large 
joint state and federal task forces, responsible for much of the work 
against transnational crime, would inevitably be disbanded. In 
effect, SB 443's impact will be to enable transnational criminal 
operations to operate more freely.

At a time of increasing transnational crime, the California 
Legislature should think twice before passing legislation that will 
lead to the abandonment of state and federal task forces, take away 
crime-fighting tools from law enforcement and permit organized 
criminal enterprises to retain their criminally acquired assets.
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MAP posted-by: Jay Bergstrom