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Home My WebLink About2004-03-22 04-96 ORDERItem No. 04-96 Date: March 22. 2004 Item/Subject:ORDER, Authorizing the City Manager to Ac Pt $1,346.00 in Funds and 1997 Subaru Legacy Station Wagon, or a Portion Thereof, as the Result of a State Criminal Forfeiture Responsible Department Police/Legal Members of the Bangor Police Department who were assigned to the Maine Drug Enforcement Agency (MDEAj developed the information that led to his sell A subsequent investigation led to the arrest of Ronald Mansir of W9 Essex Street 410, Bangor, who was charged wim Aggravated Trafficking In Schedule Z Drugs, (marijuana). Prosecutors in me case flied for forfeiture on an amount of cash mat was seized from the defendant The Bangor Police Department may be entitled to all or a portion of the value in forfeited assets. Dep ment Head Manager's Comments: Recommend approval. City Managernana/ger Budget Approval: Finance Director City Solicitor x Passage _ First Reading Page 1 of 3 Referral 06-96 AssigmJroCmacilor D•errieo earch 22. 2006 G .E�'K CITY OF BANGOR (MILE.) ORDER, Authorizing the City Manager W Aocept$1,396.00 in Funds and 1997 Subaru Legacy Station Wagon, or a portion Thereof, as the Result of a State Criminal Forfeiture By the oty Coonci/ofthe Q'hv ofeanyon. ORDERED, THAT the City Manager to authorized to accept $1,396.00 In funds and a 1997 Subam Legacy Station Wagon, or a portion of the value thereof, as a result of a State Criminal Forfeiture and deposit it in the State Forfeiture Account (60020309050). and to it further, ORDERED, THAT the City Clerk is authorizetl to execute the attached Approval of Transfer. IP CITY CO®CIL Elazch 22. 20M Passed 75;2 h O�afLL CITY "Emac p 06-96 (TIRE,) AatMrtataa the cu. Waaaer to Accept $1.366.00 Is Yeasts and a 1997 Suture Legacy Station Wagon. or a Parties nereaf. as the Result of a State Cri-incl Forfeiture STATE OF MAINE SUPERIOR COURT Penobscot, as Criminal Action Docket No. CR -04-129 State of Maine City of Bangor Approval of Transfer 15. MR-S.A. §5824(3) & §5822(4)(A) Ronald Mansir, Defendant, RF.I $1,346.00 U.S. Currency Defendanbs)In Rem#1 ) One 1997 Subaru Legacy Station Wagon) VIN # 4S3BG6850V7608123 Defendant(s) In Rem #2 ) NOW COMES the City of Bangor, Maine, by and through its legislative body, the Bangor City Council, and does hereby grant approval pursuant to 15 M.RS.A. § 5824(3) & §5876(6) to the transfer of the above captioned Defendant(s) in Rem #1, ($673.00) and 100% of Defendant(s) in Rem #2 or any portion thereof, on the grounds that the City of Bangor Police Department did make a substantial contribution to the investigation of this or a related criminal case. WHEREFORE, the Bangor, Maine City Council does hereby approve of the transfer of the Defendant(s) in Rem #1 and #2, or any portion thereof, pursuant to 15 M.RS.A. § 5824(3) & §5826(6) by vote of the Bangor City Council on or about Dated: 3 -tea -2004 G-hairper*t Mir/Gs%aeihisar/Clerk l,B Or City Council Bangor, Maine (wiPre¢t=P"abve�LJ'eal Xex) I Gail Campbell, City Clerk City of Bangor 73 Harlow Street Bangor, Me 04401 RE: State of Maine vs. Ronald Mansir Penobscot County Superior Court Doc. No. CR -01-129 - Criminal Forfeiture Required Vote of CitylTown Approval of Transfer of Forfeiture Assets Dear Ms. Campbell: Enclosed please find -a draft City ofl3aigoi Approval fora for sabmission to the city councilmen. - - Please inform rhe councilmen that A. 15 MR.S.A. §5924(3) requites that, before my forfeitable item may be ministerial to a State Agency, County or Municipality, the legislative body of that eatity must publicly vote to accept the items) it subsequently ordered forfeited by the Court, B. Under Rules issued bytbe Department arras Attorney Gannet, a public vote must be made on each forfeiture "approval" and a "continuing resolution" ofapproval cannot be accepted: . C. As with all f feitums, as approval of a transfer by the legislativebody does not guaranty either that the Defendaut(s)In Rem will in fact be forfeited or, if forfeited, that' the Collet will order the items) transferred on the approving Departman, Agency, County or Municipality. The legislative body's approval only signifies that, if the Defandara(s) In Rem are in fact ordered forfeited and, if the Attorney General and the Court agree to a transfer of all or part of Defendants) In Rem to a firmament, Agency, County or Municipality based upon the "substantial contribution" of that Department, Agency, County or Municipality, then drat entity is infact, willing to accept the DefeMant(s) In Rem ar portions thereof. In order to streamline whatisothievvise a cumbersome forfeiture process, it is our practice to seek Slate, county or Municipal legislative ,e4 B,,uw s.. 2mrw. G. SrevuM Row n, seen 541.3070 On-31Y75Pnz 12bn 941am5 P°6cn"nnw bona N a -3014 >, PMn 622260 - Psco!07)822(aa) STATE m+M.sme Too; (67»4a,88m rNPSme:=71 MB-SSOo leO.paJIGi69665 GFFlC60F TIPaATNRN6Y G6N6RAL 128 S4¢w 6Y.. sm.2 6 STsm Hausa SiN30N GKw, M.wc 09736 nn: (an)M 3792 AUGUSTS, M ff"V d BW6 F.,(M7149S3291 Gail Campbell, City Clerk City of Bangor 73 Harlow Street Bangor, Me 04401 RE: State of Maine vs. Ronald Mansir Penobscot County Superior Court Doc. No. CR -01-129 - Criminal Forfeiture Required Vote of CitylTown Approval of Transfer of Forfeiture Assets Dear Ms. Campbell: Enclosed please find -a draft City ofl3aigoi Approval fora for sabmission to the city councilmen. - - Please inform rhe councilmen that A. 15 MR.S.A. §5924(3) requites that, before my forfeitable item may be ministerial to a State Agency, County or Municipality, the legislative body of that eatity must publicly vote to accept the items) it subsequently ordered forfeited by the Court, B. Under Rules issued bytbe Department arras Attorney Gannet, a public vote must be made on each forfeiture "approval" and a "continuing resolution" ofapproval cannot be accepted: . C. As with all f feitums, as approval of a transfer by the legislativebody does not guaranty either that the Defendaut(s)In Rem will in fact be forfeited or, if forfeited, that' the Collet will order the items) transferred on the approving Departman, Agency, County or Municipality. The legislative body's approval only signifies that, if the Defandara(s) In Rem are in fact ordered forfeited and, if the Attorney General and the Court agree to a transfer of all or part of Defendants) In Rem to a firmament, Agency, County or Municipality based upon the "substantial contribution" of that Department, Agency, County or Municipality, then drat entity is infact, willing to accept the DefeMant(s) In Rem ar portions thereof. In order to streamline whatisothievvise a cumbersome forfeiture process, it is our practice to seek Slate, county or Municipal legislative approval in mtticipation of the final order of forfeiture. However, final forfeiture is not guaranteed and both the legislative body and the law enhancement agency involved are cautioned that they should not encumber funds or property until'a Final Order Starting them lawful aIle to the property is delivered to them; D. Under the provisions ofthe Forfeiture Statute, if the legislative body fails to approve a transfer in a timely manner, any forfeited items shall be transferred m the State of Mame General Fund. Assuming your 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 said of that legislative body. Then, pleaue return the origind m me for filing, and retain a copy for your records. My sincere thanks for you attention to this matter. Should you have any questions, please do not hesitate to contact me. Sinrpcerer 4 William Savage Assistant Attorney General Enclosure