Va Asset Forfeiture training 12 2016 Final Version
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1 Asset Forfeiture Law Enforcement for the 21 st Century Corporal Detective D. Scott Bailey Chesterfield County Police Department Asset Forfeiture Investigator Law Enforcement for the 21 st Century THE PROPERTY COMMITTED THE CRIME seize sēz/ verb 1.take hold of suddenly and forcibly.
Transcript of Va Asset Forfeiture training 12 2016 Final Version
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Asset ForfeitureLaw Enforcement for the 21st Century
Corporal Detective D. Scott BaileyChesterfield County Police Department
Asset ForfeitureInvestigator
Law Enforcement for the 21st Century
THE PROPERTY COMMITTED THE CRIME
seizesēz/verb
1.take hold of suddenly and forcibly.
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When can we seize?
When you have?
PROBABLE CAUSE TO MAKE AN ARREST
When we can seize?
u On the Scene
u If you have probable cause to
believe that the property is
subject to asset forfeiture, you
may seize the property
u Florida vs. White
u With a Warrant
u Prepare a Warrant
u Notify the C.A.
u C.A Files Lawsuit/Seizure Warr.
u Clerk Signs Warrant
u Serve within Commonwealth
u File Return
What is the Two Prong Approach
At the time you have probable cause for the arrest is
the same time you need to develop clear and
convincing evidence.
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Two Prong Approach
u Probable Cause u Clear and convincing
Asset Forfeiture
u When We Can SEIZE Money/Property
u When We Can't SEIZE Money/Property
u Legal seizures per state codes
State Codes for Asset Forfeiture
u Drug Manufacturing/ Distribution
u Transport Stolen Property
u Acts of Terrorism
u Illegal Alcoholic Beverage
u Abduction- Misd/Parental Abduction
u Prostitution
u Child Pornagraphy
u Computer Crimes
u Manf, Posses, or sale illegal electronic devices
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State Codes for Asset Forfeiture
u Money Laundering
u Cigarette Trafficking/IPR Cigarettes
u Counterfeit Goods
u Copyright infringement
u Gambling
u Gang Cases/Including recruitment
u Weapons used in a felony
u Solicit child for sexual content
u Extortion
u Illegal wage withholding
State Codes
u 19.2-386.15 Terrorism
u 19.2-386.16 Motor Vehicle
u 19.2-386.17 Computer Crimes
u 19.2-386.19 Money Laundering
u 19.2-386.21 Cigarettes
u 19.2-386.22 Property with Drug Crimes
State Codes
u 59.1-92.12Counterfeit (Trademark)
u 59.1-41.1-6 Copyright (dvd-cd)
u 19.2-386.27 Forfeiture of Firearms (Drugs)
u 19.2-386.28 Forfeiture Concealed weapons
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§19.2-386.15 Terrorism
u all moneys or other property, real or
personal, together with any interest or
profits derived from the investment of
such money and used in substantial
connection with an act of terrorism as
defined in § 18.2-46.4.
§19.2-386.16 Motor Vehicle
u Stolen Property ^ $200 (Transport)
u Any items obtained in a Robbery
u Abduction/Kidnapping (Misd or Fel)
u Earnings from Prostitution Minor
Second or Subsequent offense
u Prostitution/Adultery 18.2-346
u Bawdy Place 18.2-347
u Aiding prostitution/Illicit Intercourse 18.2-348
u Vehicle to promote Pros/Unlfl Sex 18.2-349
u Take/Detain for Prostitution 18.2-355
u Receive money prostitution, forced labor
u 18.2-356,18.2-357
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19.2-386.17 Computer Crimes
u All Monies and income to include all proceeds earned
whether received or not yet by the defendant.
u All Computer Equipment and Software
u All personal property used in violation of the law
19.2-386.19 Money Laundering
u all money, equipment, motor vehicles, and all other
personal and real property of any kind or character used
in substantial connection with the laundering of
proceeds of some form of activity punishable as a
FELONY under the laws of the Commonwealth, another
state or territory of the United States
19.2-386.19 Money Laundering
u all money or other property, real or personal, traceable
to the proceeds of some form of activity punishable as a
felony under the laws of the Commonwealth, another
state or territory of the United States together with any
interest or profits derived from the investment of such
proceeds or other property
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19.2-386.19 Money Laundering
u All money, equipment, motor vehicles, and all other
personal and real property of any kind or character used
to or intended to be used to promote money laundering.
Real property shall not be subject to seizure unless the
minimum prescribed punishment for the violation is a
term of imprisonment of not less than five years
19.2-386.21 Cigarettes
u Counterfeit cigarettes possessed in violation of § 18.2-
246.14 and cigarettes possessed in violation of § 58.1-
1017 or 58.1-1017.1 shall be subject to seizure,
forfeiture,
19.2-386.22 Property with Drug Crimes
u All money, medical equipment, office equipment,
laboratory equipment, motor vehicles, and all other
personal and real property of any kind or character,
used in substantial connection with (a) the illegal
manufacture, sale or distribution of controlled
substances or possession with intent to sell or distribute
controlled substances
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19.2-386.22 Property with Drug Crimes
u The sale or distribution of DRUGS or possession with
intent to distribute DRUGS in violation of subdivisions
(a) (2), (a) (3) and (c) of § 18.2-248.1, (c) the sale or
distribution of synthetic cannabinoids or possession with
intent to distribute or manufacture synthetic
cannabinoids in violation of subsections C and E of
§ 18.2-248.1:1
19.2-386.22 Property with Drug Crimes
u everything of value furnished, or intended to be
furnished, in exchange for a controlled substance in
violation of § 18.2-248 or for marijuana in violation of
§ 18.2-248.1or for synthetic cannabinoids in violation of
§ 18.2-248.1:1 or for a controlled substance, marijuana,
or synthetic cannabinoids in violation of § 18.2-474.1
19.2-386.22 Property with Drug Crimes
u All moneys or other property, real or personal,
traceable to such an exchange, together with any
interest or profits derived from the investment of such
money or other property. Under the provisions of clause
(i), real property shall not be subject to lawful seizure
unless the minimum prescribed punishment for the
violation is a term of not less than five years.
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59.1-92.12 Counterfeit (Trademark)
u any property used in the substantial connection with or
intended for use in the course of a violation of this
chapter, or any interest or profits substantially
connected to a violation of this chapter. Forfeiture,
seizure, and disposition of such property shall be in
accordance with Chapter 22.1 (§ 19.2-386.1 et seq.) of
Title 19.2.
59.1-41.1-6 Copyright (dvd-cd)
The court in its judgment of conviction may order the
forfeiture and destruction or other disposition of all
infringing recordings and of all implements, devices and
equipment used by the person in the manufacture of
the infringing recordings.
19.2-386.27 Forfeiture of Weapon’s (Drugs)
u Any weapon used in the commission of a violation of
Article 6.1 (§ 18.2-307.1 et seq.) of Chapter 7 of Title
18.2 shall be forfeited to the Commonwealth and may
be seized by an officer
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19.2-386.28 Forfeiture Concealed weapons
u Any firearm, stun weapon as defined by § 18.2-308.1, or
any weapon concealed, possessed, transported or
carried in violation of § 18.2-283.1, 18.2-287.01, 18.2-
287.4, 18.2-308.1:2, 18.2-308.1:3, 18.2-308.1:4, 18.2-
308.2, 18.2-308.2:01, 18.2-308.2:1, 18.2-308.4, 18.2-
308.5, 18.2-308.7, or 18.2-308.8 shall be forfeited
Where are the Seizures
"Used in Substantial Connection With”
Where are the Seizures LocatedSearch Warrants
Traffic StopsCalls for Service
Fire calls- (true story)EMS Calls
Check on the WelfareOverdose Calls
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What to look forLOOK FOR THE CRIMINAL OFFENSE
How to Legally Seize ?
There are numerous offenses to
legally seize property and money
from a criminal. Think out of the
box for EACH of those offenses
What to look for in the Legal
SeizureDrugs
Paraphernalia
Money (how connected)
Contraband (IPR)
Bank Accounts (how connected)
Vehicles(articulate use)
Confessions (Completion)
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Narcotics
u Tools Used:
u Vehicles
u Houses
u Guns
u Bank accounts
u Profits Gained:
u Cash
u Vehicles
u Televisions
u Boats
What to Search For…
u Evidenceu Drugs
u Paraphernalia
u Guns
u Stolen Property
u Financial Transaction
u Knowledge
What to Search For…
u Documents
u Title
u Receipts for Service
u Tickets, Summonses
u Purchase Documents
u Owe books
u Bank statements
u Business License
u logs
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Apply to What you Searched for… (APPLY WHICH LAW’S)
uDrug Distribution
u Transport Grand Larceny
u Money Laundering
u Forgery/Uttering ^200
u Credit Card Fraud
uTerrorism
u Embezzlement
u Laundering the Proceeds
of theft
u Prostitution
u Counterfeiting
How to Legally SEIZELook for the Crime
Listen what is Confessed
Do you have Abandoned Property
ASK QUESTIONS
Question the asset
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Cash Questions: Get Answers
How much money is here?Who is the owner?
Where did you get the money?Who gave it to you?
Where are you taking it?Who else is going to claim this
money?How do you deliver the money to
the NEXT LEVEL?
Cash Questions…What is the most cash you have
ever had?
Where is it stored?
What caused you to have that money?
When did you get the money?
Where did you get the money?
Who else knows about the money?
What did you do with it?
Legitimate Income Questions
How much is your employment income?
Where do you work?
How long have you worked there?
What is the name of your boss?
How Can I reach your boss?
How are you paid?
How do you spend your income?
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Life Income Questions
How do you support yourself?
What are all of your sources of income?
Where have you received money from?
Disability, welfare, child support, gambling, loans, sales of assets, rental income, monetary gifts,
insurance settlements, inheritance
Life Income Follow up…
How much did you receive?
From whom did you receive the money?
What did you do with the money?
Where is your bank accounts?
What deposits are made to your account?
Asset QuestionsWhat assets have you sold in the last 5
years
On what platform did you sell these? Ebay, etc.
How much did you receive?
What investments do you have?
Who owns your residence?
What assets do you own? Car, Houses, Beach House
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Vehicle QuestionsWho owns the vehicle?
Who is the registered owner?
Who has the title?
Who performs the maintenance?
What is your relationship to the owner?
Where was the vehicle purchased?
How much was the down payment?
Who makes the payments?
Vehicle Questions
How often do you use this vehicle?How frequently do you use this
vehicle?Who puts gas in the vehicle?Who else drives this vehicle?
How frequently does that person use this vehicle?
Was the vehicle partly paid with Illegal money?
Personal Expense Questions
What is your rent or mortgage?
What loans do you have?
How much do you pay on the loans?
What is your credit card debt?
What are your child support payments?
What other expenses do you have?
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Why do we ask so many
Decisions to make after the Questions…
Vehicle QuestionsShould I take it?
Is the money or property connected to the Crime?
Does the vehicle have a loan?
Car is not in Bad Guy’s name?
Subpoena loan documents to verify that the LOAN has or has not been
paid in full.
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Get the Admission and Get the LIE!!!
u Did we question everyone at the scene
u Did we take photos (money packaged, etc.)
u Did we document correctly
u Do we have Clear and Convincing and Probable Cause (MAKE IT CLEAR AND UNDERSTANDABLE)
In the ENDSeize the Unknown Confession
ARTICULATE The Property
u Seizing of the Evidence
u Within the Police Report
u To the Asset Forfeiture Coordinator
u To the Commonwealth Attorney
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Criminals will Cooperate
Bankrupting the Criminal Enterprise is a phenomenally powerful way to stop crime
What if I Forgot to Seize
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Seizure Warrants
If you didn’t get the item at the time of the arrest
When to use…
u You want to seize it the next time you see the property
u Use to take a bank account
u To take property outside of your jurisdiction
What if we can’t forfeit the money?
Don’t Forget aboutEVIDENCE COLLECTION!!!
u ONLY WHEN CONNECETED TO A CRIME
u Can be used when the amount is too small for forfeiture
u Can be used in non-forfeiture offenses
u Money is used for court costs/restitution in the criminal case
u ONLY IN CUSTODIAL ARRESTS
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Where does it all go ?
Where does it GO ? DRUG CASES
Of assets that are related in any way to distribution of narcotics, DCJS the POLICE and the CA’s office get to keep all of the money (10/70/20 split after expenses)
Where's the other money /Proceeds
The Virginia State Literary Fund.
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Closure of the Case
WRITE IT DOWN!!!
Document the DETAILS of the case, write it down.
PAPERWORK --It makes the world go ‘round
u You MUST notify Asset Forfeiture Coordinator ASAP of your seizureu You should notify coordinator within 24 hours
u The Commonwealth’s Attorney must file within 90 days from the seizure date
u You MUST complete a report
u Rule of thumb – notify someone by end of shift of the seizure
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Summary
Asset Forfeiture-Powerful Law Enforcement Tool
u Civil, not criminal
u Clear & Convincing
u No “Beyond a
Reasonable Doubt”
u You have no right to remain silent
u You have no right to a court
appointed attorney
u If you choose to remain silent,
that will be used against you in a
Court of Law
