HomeMy WebLinkAbout1993-12-27 94-51 ORDERCOUNCIL ACTION
Item No. 94-51
Date December 27, 1993
Stem/Subject: Approving the Transfer of Forfeited Property (U.S.
Currency to the Bangor Police Department
Responsible Department: Legal
Recently, the State of Maine - Maine Drug Enforcement Agency seised
and obtained a judicial forfeiture of $3,259.00 in U.S. Currency in
a drug possession case against one Brian Ugro. The Penobscot
County District Attorney's office has proposed that $500.00 of this
amount be awarded to the Bangor Police Department for its
assistance rendered to MRSA in the underlying possession 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 State law [15 MRSA S
5824(3)).
The attached Order also would direct that the forfeited funds be
credited to account no. 93-2400-52. This is a City trust and
agency account for forfeited assets. Use of funds deposited to
this account is restricted to law enforcement purposes only.
(cont'd on next page)
.Departmentnt Head
Manager's Comments:
City Manager
Associated Information: Order, Letter from obscgt County
District Attorney with Consent form
Budget Approval:
—Finance Director
Legal Approval: ��yp,
City Solicitor
Introduced For CONSENT AGENDA
% Passage
First Reading
Referral Page — of
Federal drug forfeiture money may only be used for law enforcement
purposes, which most be designated in the order accepting the
funds. However, State drug forfeiture funds, as here, are not
similarly restricted. Nonetheless, the Council's past practice has
been to dedicate all drug forfeitures to future law enforcement
use.
94-51
Maipnd to Cmmtiloe Shubert December 27, 1993
CITY OF BANGOR
Approving the Transfer of Forfeited Property (U.S.
(TITLE.) "r, _.. _....
Currency) to the Bangor Police department.
By 94 City CmazZ ofu1e CUM ofDhewr
ORDERED.
TRAT
the am of $500.00 is hereby approved for transfer
to the Bangor Police department in accordance with 15 H.R.S.A.
5 5834(3). Said amount shall be credited to account no. 93-2400
-52. The City Solicitor is authorized to execute all necessary
documents reflecting municipal acceptance of the forfeited funds
for filing with the Penobscot County Superior Court.
IN CM COUNCIL
Decemb r 27, 1993
Pae
CITY
96-51
ORDER
Title, Approving theTransferof Fonfliced Property
(U .S. Currency) to the Bangor Police Department.
.............. . . tm
s%
.........unci....
Councilman
94-51
STATEOPMAINE
OFFICE OF THE DISTRICT ATTORNEY
PROSECUTORIAL DISTRICT V
ILMA SPOERALMY -
PISGATAQUISWUNTY
-
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MICHAEL P. ROBERTS
PENOBSGOTCOUNTY
Uenmy U,nnm AuouuYy
I207I91a8552
aeP�Lv TO O
S,Hi fl PENOBSCOT COUNTY COURT HOUSE
n%Oweuw0 9]Hammond Areel-Bangor. Maine 09901
RECEIVED
DEC 16 1993
December 15, 1993
Eric stumpfel, City Attorney
L
®E'.p:Vii e9dlET
Bangor City Hall
73 Harlow Street
Bangor, Maine 04401
Re: State f Heine V. $3.249.00 in U.R. Currency
(Brian Ugro)
Dear Mr. stumpfel
Enclosedpleasefind a copy of the Consent Agreement and
Order signed by the Court in this forfeiture case, as well as a
Consent of the Municipal Officials form for your signature. The
State brought a forfeiture action against $3,259.00 which was
seized from Brian Ugro, along with a quantity of hashish. The
primary agency handling this matter was M.D.E.A. However, the
Bangor Police Department assisted M.D.E.A. in this case.
Therefore, we propose that $500.00 of the forfeiture money be
awarded to the city of Bangor.
I would appreciate it if you would present this matter to
the City Council so that they can vote to transfer title of
$500.00 of these funds to the City of Bangor. After this matter
is finally resoived, $500.00 will be awarded to the City.
Thank you for your assistance in this matter. if you have
any questions concerning this matter, please do not hesitate to
give me a call.
Sincer
GREGO Y A. BELL
Assistant Dis riot Attorney
GAC/cat
Enclosures
Cc: District Attorney's Office
STATE OF MAINE
PENOBSCOT, SS.
STATE OF MAINEr
Plaintiff
V.
$3,259.00 IN D.S. CURRENCY
(Brian Ugro)
Defendant, 1n rem
SUPERIOR COURT
CIVIL ACTION
DOCKET NO. 93-364
I
OFFICIALS
OF THE MUNANT TO OFFICIALS PUSEC. 5 TO
)' 15 N.R.S. A. EE0. 5839(3)
)
94-51
At a meeting of the appropriate municipal officials for the
City of Bangor, Maine, on the 27th day of December , 1993 , by a
unanimous vote, it was the. determination of the City Council
pursuant to 15 M.R.S.A. section 5824(3), to consent to the
transfer of title to $500.00 in U.S. Currency to the City of
Bangor from the forfeiture of $3,259.00 in U.S. Currency, as the
City of Bangor Police Department made a substantial contribution
to the related Class C Unlawful Trafficking in a Schedule E Drug
criminal case, State v. Brian Baro, CR -90-1218, Penobscot County
Superior Court.
Dated at Bangor, Maine this _ day of December , 19g3
Erik Stumpfel, City Attorney
City of Bangor
94-51
STkTe OP MAINE MpE%OESCOT
SUPERIOR COURT
PI NOHSCOT, an. Civil Action
Docket / CV -93-364
STATE OF MAINE
VS. Y CONSENT AGREEMENT
(Brian
I9 U.S. CORREMCY 1 "
(Brian UgrD } `
Defendant
WHEREAS, the Plaintiff, State of Maine, commenced a civil
action for forfeiture against the Defendant in re pursuant to
15 M.R.S.A. Section 5821 at. seg., which said civil action named
Brian Ogre as a Party -in -Interest; and,
WHEREAS, said Party -in -Interest Brian Ugra admits to each
and every allegation sat forth in Plaintiff's petition in the
amount of $1,259.00 in U.S. currency; and,
WHEREAS, the Plaintiff and the party -in -Interest Brian Ugro
hereby agree that the Plaintiff is entitled to the relief sought
in the Plaintiff's petition as a matter of law;
NOW THEREPORE, upon the agreement of the parties hereto, IT
IS HEREBY ORDERED AND ADJUDGED:
1. That any and all rights, title, and interest the Party -
in -Interest Brian Ugro has in and to theDefendantin ISO in the
amount of $3,259.00 is hereby forfeited to the State of Maine.
94-51
2. That the disposition of said Defendant in rem by
Plaintiff shall be in accordance With the statutes and further
orders of this court.
Date: /0—C Y3
Date: G -M 1 3
Date: ID-kvp
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