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Home My WebLink About1994-12-12 95-27 ORDERCOUNCIL ACTION Item No. 95-27 Date December 12, 1994 Item/Subject: Authorising Acceptance of Forfeited Property Responsible Department: Legal Recently, the State of Maine - Maine Drug enforcement Agency seized cocaine and a large quantity of cash from one Ralph McPherson, together with a larger quantity of cocaine from Mr. McPherson's residence. The Penobscot County District Attorney's office has proposed that $486.40 of the $1,520 in U.B. currency seized from Mr. McPherson be awarded to the Bangor Police Department £Or its assistance rendered to MUSH in the case. The attached Council Order would approve the transfer of those funds from the State Of Maine to the City of Bangor. Prior municipal approval of the transfer is required under 15 NRSNEAR.g 5824(3). In addition to the funds, the District Attorney's office has proposed that Mr. McPherson's vehicle be awarded to the MORA. After the vehicle is sold, the City of Bangor would receive a share in the proceeds along with the DA's office and the MD6A. Department -Neatl Manager's Comments: 7ALsH.i4 L �s"_P-� City Manager Associated Information: Order, Letter from Penobscot County District Attorney with Consent Form Budget Approval: F once Director Legal Approval: City Sol citor Introduced For CONSENT AGENDA A Passage First Reading Referral Page 1 of 7 95-2] Amip¢d to Couneg r Baldacci December 12, 1996 CITY OF BANGOR (rIrLE.) MrbBX .. Authorizing Acceptance of Forfeited Property By W My CbwmH of the My ofBa ORDERED, ° . - . , .. THAT the City Solicitor is hereby authorized and directed on behalf of the City of Bangor, pursuant to 15 MRSA 5 5824(3), toexecute documents accepting proposed forfeitures of $486.40 in U.S. currency and partial sale proceeds from sale of a 1986 Buick Park Avenue automobile, said property having been seized by the Maine Drug Enforcement Agency (!IDSA) in a drug trafficking investigation with the assistance of the Bangor Police Department. Documents accepting the proposed forfeitures are attached to this Order and are incorporated herein by reference. Funds received pursuant to this Order shall be deposited to trust and agency account number 600-20309050. IN CITY COUNCIL95 21 December 12, 1996 0 RDE R Parsed Title, C3TY ERR` AµtJylr,{�(2q (kcep.[ARc,G pfi pAi(R1IpJ1 .. Property. .................................... 0d :. .. ..........unci.'.... Councilman V 1 This forfeiture action arose after a. cooperating defendant provided information to !IDEA and the Bangor Police Department about his cocaine supplier. As a result of this information, the Bangor Police Department and MDEA seized cocaine and a large quantity of cash from Mr. McPherson's vehicle, and a larger quantity of cocaine from Mr. McPherson's residence. Forfeiture actions were brought against Mr. McPherson's vehicle, as well as the cash that was seized from him. We propose that $486.40 of the $1,520 in U.S.. currency which was seized from Mr. McPherson be awarded to the City of Bangor. We further propose that Mr. McPherson's vehicle be awarded to MDMA, with the understanding that MDEA will sell the vehicle. After the vehicle is sold, we propose that 15 percent of the November 22, 1994- 95-27 „ 51A1£OFMAINE NOV 231994 City Solicitor OFFICE OF THE DISTRICT ATTORNEY - - Li 'cAL PROSECUTORIALDISTAICTV DEPARTMENT R OIALMY PIMTanlumcOONTY GRMTOPHER O moa Aawmry (Ralph McPherson) IZO]ISHPI BI OBERTS - State V. One 1986 Buick @rWyDnm(A wmm (Ralph McPherson) - OBSOOTLOUNT' bucket No. CV -94-355 - I2N1942-MO REPLY Put Enclosed please find police reports, an Asset - 99 Pkanklin at. of the Municipal Officials forms. After the City Council has had aaeand r1omr PENOBSCOT COUNTY COURT HOUSE return them to me. - assent, Ma 04401 91 Hammond Sum Banzm, Maine 099064990 Tal.(203)945-0333 This forfeiture action arose after a. cooperating defendant provided information to !IDEA and the Bangor Police Department about his cocaine supplier. As a result of this information, the Bangor Police Department and MDEA seized cocaine and a large quantity of cash from Mr. McPherson's vehicle, and a larger quantity of cocaine from Mr. McPherson's residence. Forfeiture actions were brought against Mr. McPherson's vehicle, as well as the cash that was seized from him. We propose that $486.40 of the $1,520 in U.S.. currency which was seized from Mr. McPherson be awarded to the City of Bangor. We further propose that Mr. McPherson's vehicle be awarded to MDMA, with the understanding that MDEA will sell the vehicle. After the vehicle is sold, we propose that 15 percent of the November 22, 1994- R EC D Eric Stumpfel, Esq. NOV 231994 City Solicitor City of Bangor Li 'cAL 73 Marlow Street DEPARTMENT Bangor, Maine 04401 Re: State V. 81.520.00 JA 0.8. egreenav (Ralph McPherson) packet No. CV -94-378 - State V. One 1986 Buick Park Avenue (Ralph McPherson) bucket No. CV -94-355 - Dear Mr. Stumpfel: _ Enclosed please find police reports, an Asset - Seizure/Vehicle Report, Orders for Default Judgments, and Consent of the Municipal Officials forms. After the City Council has had an opportunity to review this matter, please sign both forms and return them to me. - This forfeiture action arose after a. cooperating defendant provided information to !IDEA and the Bangor Police Department about his cocaine supplier. As a result of this information, the Bangor Police Department and MDEA seized cocaine and a large quantity of cash from Mr. McPherson's vehicle, and a larger quantity of cocaine from Mr. McPherson's residence. Forfeiture actions were brought against Mr. McPherson's vehicle, as well as the cash that was seized from him. We propose that $486.40 of the $1,520 in U.S.. currency which was seized from Mr. McPherson be awarded to the City of Bangor. We further propose that Mr. McPherson's vehicle be awarded to MDMA, with the understanding that MDEA will sell the vehicle. After the vehicle is sold, we propose that 15 percent of the 95-2] Eric Stumpfel, Esq. City Solicitor November 22, 1996 Page 8 proceeds from the sale be awarded to the District Attorneys Personnel Fund, 5 percent be awarded to the County of Penobscot, and that the remaining proceeds be divided between the Maine Drug Enforcement Agency (608) and the City of Bangor (40%). All of this, however, is, of course, subject to approval by the Attorney General and the Superior Court. Thank you for your assistance in this matter. if you have any questions, please let me know. Sinc ly, GR CRY A. CAMPBELL Assistant istrict Attorney GAC/tdt Enc. cc. R. Christopher Almy, District Attorney (with enclosures) Peter DeRice, MDEA (with enclosures) 95-27 STATE OF MAINE SUPERIOR COURT PENOBSCOT, Se. CIVIL ACTION DOCKET NO. CV -94-378 STATE OF MAINE, Plaintiff CONSENT OF THE MUNICIPAL V. ) OFFICIALS PURSUANT TO 15 M.R.S.A. SEC. 5824(3) $1,520 IN U.S. CURRENCY j (Ralph McPherson) ) Defendant, in rem) At a meeting of the appropriate municipal officials for the City of Bangor, Maine, on the 12th day of December , 1994, by a Unanimous vote, it was the determination of the Bangor City Council pursuant to 15 M.R.S.A. section 5824(3), to consent to the transfer of title to $486.46 in U.S. Currency to the City of Bangor from the above - referenced forfeiture, as the City of Bangor made a substantial contribution to the related Class B Unlawful Trafficking in a Schedule W Drugs criminal case, State V. Ralph McPherson, Penobscot County Superior Court. Dated at Ban or, Maine this 13th day of December , 1994. M W � _ SRIK BTUMPFE , ESQ. City Solicitor City of Bangor i 95-2] STATE OF MAINE SUPERIOR COURT PENOBSCOT, S8. CIVIL ACTION DOCKET SO. CV -94-355 STATE OF MAINE, ). Plaintiff ) CONSENT OF MUNICIPAL V. ) OPFLCIALB PURSUANT TO U .. SEC. 35 %.A.B.A. 88 5824(3) ONE 1986 BUICK SK AVENUE )) VIN / 104MS43M54920 Defendant* in rem ) At a meeting of the municipal officials for the city of Bangor, Maine, on the 12th day of December , 1994, by a unanimous vote, it was the determination of the City Council pursuant to 15 M.R.S.A. section 5824(3), t0 consent to the transfer of a percentage of the proceeds from the Maine Drug Enforcement Agency's sale of the above-described vehicle, as the City of Bangor Police Department made a substantial contribution to the related class A Unlawful Trafficking in a Schedule W Drugs criminal case, State v Ralph McPherson, Penobscot County Superior Court. The City of Bangor understands that, subject to approval from the Attorney General and a Final Order of Forfeiture from the Superior Court, that the above-described _ vehicle shall be sold by the Maine Drug Enforcement Agency, and 15 percent of the proceeds from the sale will be awarded to the District Attorney's Personnel Fund, and 5 percent shall be awarded to the County of Penobscot. The remaining proceeds shall he divided between the Maine Drug Enforcement Agency (60t of remainder) and the City of Bangor (40$ of remainder). Dated at Bangor, Maine this 13th day of December , 1994, � ERIK Slid , ESQ. City Solicitor City of Bangor R 11 95-2] CITV OF MAINE 73 HARLOW STREET EANGOR.MAHRE 04401 LEGAL DEPARTMENT TEL 207AWS 14 0 Erik M. Stumphl, City Sticitor FAX amrom.we Brun N. Sribin, Asst. City SERcimr December 13, 1994 Gregory A. Campbell Assistant District Attorney 99 Franklin Street Second Floor Bangor, Maine 04401 RE State V. 51.520.00 in D.S. Curren (Ralph McPherson) Docket No. CV -94-378 State v. One 1986 Buick Park Avenue (Ralph McPherson) Docket No. CV -94-355 Dear Mr. Campbell: In response to your letter dated November 22, 1994 regarding the above forfeiture action, Council Order No. 95-29 accepting the funds was passed by the Bangor City Council on December 12, 1994. Enclosed please find both of the consent forme which I have signed in my capacity as city attorney. I trust this finalizes the matter. However, should you have any questions, please call me. Sincerely, M TA1*m I �f Erik M. Stumpfel City Solicitor EMS/red Enclosures pc: Randy Harriman, Police Chief