Loading...
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 - i, Am mmod3101 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 Page 2