The URL can be used to link to this page

Home My WebLink About1998-10-14 98-401 ORDERItem No. ns_so Bate: 10-14-98 Itemoinbiect ORDRB: Approving the Transfer of Seired Assets in the Case of Sure of Maine Vs. Gregory Shaw Responsible Department: Police Commmury: We have recently been contacted by the States Attorney Genmars office reganling the possible forfeiture and neuter to the City ofseired assets. to this cue, the property in question is a seized pickup trick As we ondm and it, on determination has been made that the asset will be forfeited or transfersw to the City. Nevertheless, prior approval is required prior the possibility ofsach abansfer. Please we the attached letter for additional information I would recommend your approval Depaztrant Read Muralist's Commenu: rplt� — l ati2tia u CityManager Associated laformation: Order, Ldtm, Approval of Transfer Budget Approval: Legal Approval: /lif}, 'tysodcimr Introduced for i. Passage Consent Phut Reading Page—of— _Referrel AeeipedtoC kw &ohnan October 14, 1990 CITY OF BANGOR Approving the Tra afer of Seized Assess in the Case of (TITLE) MaNerk ...... I - _.I I I ...._... state of Maine vs. Gregory Shaw By 94 aty Cww of tM GTbv of Mor. ORDERED, TEAT the hoofer of the De[ dent's in Rem, or any portion therrrof, m the case of Stake of Maine v. Gregory Shaw, to the City of Bangor is hereby approved pursuant to 15 MRSA§5824(3) and§5826(6). ne City Clerk is atborizedtoczecatetheattached City of Bangor Approval ofTransfor and to forward this form to the Depa trent of the Akmmcy General. IN CITY COUNCIL October 14. 1998 Invest ITY LERK 98-401 O RUER Title, Approvong the Transfer of Seized Assets in the Case of State of Maine vs. Gregory Shaw ..................................... tyw.s. da, �r Amped to ................ .......... oncilmen RE: SusecodMaincy GregonvShaw Superior Court Doc. No, CR -97-930 Required Vote of CitylToom Approval of Transfer of Forfeiture Assets Dear Mr. Barrett: Enclosed please find a CitylTown Approval of Transfer form for submission to the City Council. Please inform the Council that: A. 15 M.R.S.A. 45823(3) re tuhes that, before any forfeitable item may be transferred to a State Agency, County, or Municipality, the legislative body of that entity must publicly vote to accept the items) if subsequeady ordered forfeited by the Court; B. Untler Rules issued by the Department of the Attorney General, a public vote must be made on each forfeiture "approval" and a "monitoring resolution" of approval cannot be accepted; C. As with all forfeitures, an approval of a transfer by the legislative body does not guarantee either that We Defendam(s) In Rem will in fact be forfeited or, if forfeited, that the Court MIJ order the item(s) tare ferrel to the approving Department, Agency, County or Municipality. The legislative body's approval 98-401 ,:+ 4xaoru.omvs: ANDREW KEIT64E¢ USIwsw S..xoo F�wrt ATTORNEY GENERA. an�xvn.ALmf MWI To.:rmnm5-3mo Fuc CN]I WI -M]5 STATE OF MAINE 6y PuneSun. DEPARTMENT OF THE ATTORNEY GENERAL ras W Nuxs m 1-3014 6$TATE HOUSE STATION Tst'anawasso hle5a (am 6264Mrc:avam9459 AUGUSTA, MAINE 04333-0006 Fac: Van Au 3W Rrpty PD.EOxx eccx. Mn]Nix6 DHaLIKD T¢;uAn94543'1 Pu:QM)9454319 September 23, 1998 Ed Barren City Manager CRY OF BANGOR 73 Harlow St. Hunger, Maine (A101 RE: SusecodMaincy GregonvShaw Superior Court Doc. No, CR -97-930 Required Vote of CitylToom Approval of Transfer of Forfeiture Assets Dear Mr. Barrett: Enclosed please find a CitylTown Approval of Transfer form for submission to the City Council. Please inform the Council that: A. 15 M.R.S.A. 45823(3) re tuhes that, before any forfeitable item may be transferred to a State Agency, County, or Municipality, the legislative body of that entity must publicly vote to accept the items) if subsequeady ordered forfeited by the Court; B. Untler Rules issued by the Department of the Attorney General, a public vote must be made on each forfeiture "approval" and a "monitoring resolution" of approval cannot be accepted; C. As with all forfeitures, an approval of a transfer by the legislative body does not guarantee either that We Defendam(s) In Rem will in fact be forfeited or, if forfeited, that the Court MIJ order the item(s) tare ferrel to the approving Department, Agency, County or Municipality. The legislative body's approval only signifies that, if the Defendam(s) In Rem are in that ordered forfeited and, if the Attorney General and the Cour[ agree to a trmefer or all or Part of the Defendam(s) In Rem to a Deparmem, Agency, County or Municipality based upon the "substantial contribution" of that Department, Agency, County or Municipality, then that entity, is, in fact, willing to accept the Defendants) In Rem or portions thereof. In order to streamline what is otherwise a cumbersome forfeiture process, it is nor practice to seek State, County or Municipal legislative approval in anticipation of the final order of forfeiture. However, final forfeiture is not guaranteed and both the leghdative body and the law enforcetvent agency involved are cautioned that they should not encumber funds or property until a Road Order granting them lawful title W the property is delivered to them; D. Pursuant to 15 M.R.S.A. §5822(4)(A), end prevailing practice of the Depanmem of the Attorney General, approximately fifteen to twenty-five (15- 2590) of the value of the Defendants) In Rem may be ordered transferred to the Persomel lines of the budget of the District Attorneys (within the Department of the Amrney General) hazed upon the "substantial contribution" of a District Amtvey's Office in the prosecution of this or a related examined matter; E. Under the provisions of the Folfeimre Statue, if the legislative body fails to approve a transfer in a timely manner, any forfeited items shall be transferred to the State of Maine General Fund. Assorting you legislative body does grant its approval, kindly see to it that the accompanying form is signed by the appropriate person and is "embossed" with the seal of that legislative body. Then, please return the origiml an tee for filing, and retain a copy for you ramble. My sincere thanks for your attention W this matter. Should you have my questions, please do not hesitate W contact me. Sincerely, Matthew S. Erickson Assistant Attorney General Frei. STATE OF MAINE SUPERIOR COURT PENOBSCOT, SS Criminal Action Docket No. CR -97-930 State of Maine Gregory Shaw, Def dant One Ford Rangy Pick-up ]ruck, Defendant In Rem CltyofBangor Approval Of Transfer 15 M.R.S.A. §5824(3) and §5826(6) NOW COMES the City of Bangor, Maine, by and through its legislative body, the City Council and does hereby grant approval pursuant to Section 5824(3) and Section 5826(6) of Title 15 of the Maine Revised Shanks; Accounted, to the transfer of the above captioned Defendant(s) In Rem, or any portion thereof, on grounds that the City of Bangor Police Department did make a substantial contribution 0 the investigation of this or a related criminal case. WHEREFORE, the Bangor, Maine City Council, does hereby approve of the booster of the DefeMant(s) In Rem, or any portion thereof, to the City of Bangor, Maine pursuant to 15 M.R.S.A. §5824(3) and §5826(6) by vote oftbe on or about the 14th day of October ,1998 Dated: 10/1411998 Ehaiep waNClerYzet k (110"a 111m`DAY &A a.R)