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Home My WebLink About2005-03-14 05-96 ORDERRem No. Cal Dale: March 14, 2005 Item/Subject ORDER, Autfwrizing the City Manager to Accept $1,430.00 in U.S. Currency as the Result of a State Criminal Forfeiture Responsible Department: Police/Legal Commentary: Members of the Bangor Police Department who were assigned W the Special Enforcement Team were instrumental in the investigation that led m this seizure. As a result of an investigation conducted In Bangor, arrests were made and charges of Traf ll In Scheduled Drugs (Oxycorun, Clonazepam, Vicodin and Marijuana) were fled. On 10/19/04, six Bangor Police Officers participated in the execution of a search warrant prepared by Off. Total This warrant was the result of an investigation by the S.E.T. As a result of this search, 122 prescription pills, 49.1 grams of Marijuana and $1,430.00 In cash were seized. Prosecutors in the case filed for forfeiture on an amount of cash that was seized from the defendants. Because Bangor Police Officers partldpated In this Investigation, the Police Department was entitled to a share of the forfeited assets in this case. Depafitent Head Manager's Comments: Due to the extent of our involvement, the Cty will receive the full $1,430 [seized cash. aph./:: City Manager Approval of Transfer ,K4.,t P'y Finance Director Introduced for CONSENT AGENDA x Passage _First Reading Page 1 ofx Referral 05-96 Assigned to Councillor a"°' R'xeh 16, 2005 H� CITY OF BANGOR (i E.) ORDER, Authonzing the City Manager to Accept $1,430.00 in U.S. Funds as the Result of State Criminal Forfeiture 6y the dry Council of em, G!y Ofaangon. ORDERED, THAT the City Manager is hereby authorized to accept $1,430.00 in U.S. funds as a ni of a State Criminal Forfeiture and deposit it in the State Forfeiture Account (60020309050). and be it further, ORDERED, THAT the City Clerk is authorized to execute the attached Approval of Transfer. IR CITY COUNCIL March 16, 2005 p 05-96 Pas#d j0RINR TY CLNNR WTLc ) Authorizing the City Manager to 41.43U -in U.S. Funds Aofa State Crindal Parfieturea ult ANIgUM MCOUC1Or g 05-96 Penobscot, as Stale of Maine, } } V. GAAYPORTHR } Defendant; ) and j 53,430.00 US, C nsdan, Deievdan, } t(s)In Rent #1 } Criminal Action Docket No. CR -04-4440 City of Bangor AppsnalofTraosfer 15. M.R.SA. §5824(3) & §5822(4)(A) NOW COMES the City of Bangor, Maine, by and through its legislative body, the Bangor City Canada, and does hereby grant approval pursuant m 15 MRSA. § 5824(3) & § 5816(6) to the traosf the above captioned Defendant in Rem, namely, One Thousand few hundred thirty dollars ($1,430.00) US, Cwcncy� on the grounds that the City of Bangor Police Dwarthuent did at a substantial contribution to the investigation of this or a related criminal WHEREFORE, the Bangor, Maine City Central does hereby approve of the broader of the Defmdatt in Rem, tamely, One Thousand four hundred thirty dollars ($1,430.00) U.S. Currency, threw t m 15 M.RS.A. § 5824(3) & § 5826(6) by vote of the Bangor City Council on or about Karch 14, 2005. Dated: 03/15/05 STATEOFMAwE V Oi96 OFFICE OF THE DISTRICT ATTORNEYtt W" PROSECUTORIALDI53710— ?)- R . INRlSfoeXERAIMv �@PgWTAQUIS CO= Dumu A,wmry (207)56441E1 MICHAEL P. ROBERTS Yss(40Y)564&iO3 1%puaYOuviei Avpmry pyry, (RO)IMogp NZ8552 FA%(RII)I0u47PSH)98 PENOHSCOT COUNTY COURT HOUSE 97 Hammond Street -nuclear, Maine Msk)l. 990 February 23, 2005 Patti Dubois, City Clerk CStyofBangor 73 Barlow Street Beengor Mains 04401 Re: Stare of Maine v Gary POna Bangor District Court Docket No, Cle 04-4440 - Criminal Forfeiture Returned Vote of City Approval ofTransfs ofForfeilure Assets Dear MB. Campbell: Bncloseel plea5efind a draft City of Burger Appre`val form for s inips6ion to ih6 city--:`... uvcd Please inform the council that: A 15M.R.S.A§5824(3)requires that, before any foriedable itea may be [mvsfeved in a State Agency, County or Municipality, the legislative body ofthat entity must publicly vote to accept the itcm(s) if subsequently ordered forfeited by the Couq B. Under Rules issuedby the bepartmen[ofthe Attemey (neneral,apublic vote must be made on each forfeiture "appedval"arid a "continuing resolution" of approval camotbe accepted; C. As with all forfeitures, on approval ofa transferby the legislative body does not guarantee either that the Defmdent(s) In Rem will in fact be forfeited or, if fcrteited, that the Court will order the items) hansfened to the approving Departamt,Agency,Countyor Municipality. The legislative body's approval only signifies that, ifthe Defmdaot(s) In Rem aro in fact ordered forfeited and, if the Attorney Genal and the Court agree to a transfer of all or part of the Defmdmt(s) In Rem f a Degvrt eny Agmcy, County or Municipality based upon the `eujnstoptiaLaontr ¢ue rz'ofthatpppar[mmt, Agency, Countyor Municipality, then that ®tiry I is irrfct, willmgto accept iheDefeAdurf(iYIn Rem Part fluboiq Gry Cleh Febmvy 23, 200$ Page 2 orportionsdrereof bordertosteamlinewhatisotherwiseacumbasome fart hum process, it is owpr c ce to seek State, Comtyor MuoidpA legislative approval in anticipation of the final order of forfemme. However, final fmfeitum is not guaranteed and both the legislative body and the law enforcement agency involved are cautioned that they should not encumber foods or property until a Final Order granting them lawful title to the property is delivered to them; D. Under the provisions of the Forfeiture Statute, if the legislative body fails to approve anmwfer yr a timely manner, any forfeited items shall be tranafined to the State of Maine General Fund. Assuudng your legislative body does gent its approval, kindly see to it that the accompanying form is signed by the appropriate person and is "bossed" with the seal of that legislative body. Then, please return the original to me for filing, and renin a copy for YOU records. My sincere Hanks for your attention to this matter. Should you have my questions, please do not hesitate to contact me. Very only yours, James P. Aucoin Assistant District Attorney 1PA/klb Priclosure 201799241274 fax 207945 -aur narm en.hegmennitagmle.org lobn.ham @bgrme.org www.bangormaine.gov LEGAL DEPARTMENT Roman S. Hohmann, III, 04 Solicitor John K Hamar AsslabM City Solicl er March 16, 2005 James P. Aucoin Assistant District Attorney Office of the District Attorney Penobscot County Courthouse - 97 Hammond Street Bangor, Maine 04401-4990 Re: State of Maine v. Gary Porter Bangor District Court Docket No. CR -04-4440 Dear Mr. Amoin: In response to your Office's letter to Bangor's City Clerk, dated February 23, 2005 and received by our office on February 24 regarding the above criminal forfeiture action, enclosed please find the original Approval of Transfer document which has been signed by Bangor's City Clerk. The City Clerk was authorized to sign the document by the BangoPCity Council at its regular meeting held on March 14m. If you have any further questions, please feel free to call my office. Sincerely, �t'/`' SWbil K Hamer Asst. City Solicitor Enclosure ps: Donald Winslow, Police Chief Patti Dubois, City Clerk 73 Harlow Street 9 Bangor, Maine 04401