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Home My WebLink About2003-10-15 03-311 ORDERItem No. Oh311 Date: ORober 15. 3003 Item/Subject ORDER, Authorizing the City Manager to Accept $550.00, Or a Portion Thereof, in Funds as the Result of a State Criminal Forfeiture Responsible Department: Police/Legal Members of the Danger Police Department who were assigned to the Maine Drug Enforcement Agency (MDFA) developed the Information that led to this seizure. A subsequent investigation led to the arrest of Dino Merritt who was charged with Unlawful Trafficking In Schedule Drugs (Class D). prosecutors In the case filed for forteiture on an amount of cash that was seized from the defendant. The Bangor Police Department may he entitled to all or a portion of $550.00 in forfeited assets. Department Head Maneg enComments: Recommend ecommentlapproval. City Manager Aseociated Information: Approval of Transfer Legal Approval: x Passage _ First Reading Referral Finance Director City Solicitor Page 1 ofd 03-311 a �,V AssignW roCounciM Palvet October 15, 2003 i„ CITY OF BANGOR (TIRE.) ORDER, Authorizing the City Manager to Accept $550.00, or a Portion Thereof, in Funds as the Result of a State Criminal Forfeiture By Q'ty Coundl Mlhe Qty ofEargoh ORDERED, THAT the City Manager be authorized to acoept $550.00, or a portion thereof, in funds as a result of a State Criminal forfeiture and deposit it in the State Forfeiture Account (60020309050). and he it further, ORDERED, THAT the City Clerk is authorized to execute the attached Approval of Transfer. p 03-311 ORDER (TITLE,)&athoriziaS the City Manager to Accept 55 . or reo Pavd as the geaultoof at State C[lmival AsslgneUto Councilw �G1'AAYi e, IN an COUNCIL October 13. 2003 Eaased M TY CLENN p 03-311 ORDER (TITLE,)&athoriziaS the City Manager to Accept 55 . or reo Pavd as the geaultoof at State C[lmival AsslgneUto Councilw �G1'AAYi e, 03-311 STATE OF MAINE - SUPERIOR COURT Penobscot ss Criminal Action Docket No. CR -99-14 State of Maine' City of Bangor Approval of Transfer 15. M.RS.A. §5824(3) & §5822(4)(A) Dino Merritt, Defendant; And $1,10000 U.S. Currency Defendant In Rem 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.R.S.A. § 5824(3) & §5826(6) to the transfer of ($550.00) of the above captioned Defendant in Rem, or any portion thereof, on the grounds that the City of Bangor Police Deparonent 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 in Rem, ($550.00) or any portion thereof, pursuant to 15 M.RS.A. § 5824(3) & §5826(6) by vote of the Bangor City Coundl on or about October 15, 2003. Dated: October 16, 2003 cbmirpe "on/ (kx;r*fl man ijCierk angor City Council Bangon, Maine GmP�e=a t¢8a�°eveeoaySMHere) Gail Campbell, City Clerk City ofBrommr 73 borrow Street Bangor, ME 04401 RB: State of Maine vs. Dino Merritt Penobsmi CountySupaim Court Doo. No. CR -99-f4 - Criminal Forfeiture Requned Vote ofCitylpoxm Approval of Transfer ofForfeitme Assets Dem Ms. Campbell: Bnclesed plea find a draft CStyof 8whurApproval form for shbrmesion to the city' council Please irdmm the council thof A. 15 M.RS.A. §5814(3) requires that, before any forfeitable item maybe transferred to a State Agency, County or Municipally; the legislative body of that entity must publicly vote to accept the itetn(s) if subsequently ordered forfeited by the Court; B. Under Rules issued by the Deparmout of the Attorney General, a public vote most be made ma each forfeiture "approval"and a"continuing resolution' of approval carbon be accepted; C. As with all forfertmes, an approval of a tramoerby the legislativebody does not the Court wal o Gat the Defendants) rr Feto will Sn facrbe Department on Agency, C they the Court will order the items) transferred r the only si ng Depaat, ift, Agency, County or Municipality.'Dmledfoffei ody'sapprovalomesignifies than,HeCDefendants) trnem aze ctarrof thforfend end, ifthe Attorney General andgeny, x agreeroa Muraci of Alall organ of theo"f ssuifia c nem ut a Department, Agency, County , Contyol Mnicip uponrhethatsootyi confact,won"oftlaneptthe ofnt, Agency, County or Mumdpaeof.Inothst entityisinfact, willingtowist acceptthe bersome (s)In nemorpomocess, it is o rnonkrto streamline wcouhat nty or Muneacumbersome forfeitwe process, itis our practice to seek State, cowry or Municipal legislative Y 03-311 oma: 03 Mnim W ex G. SreVHN Tmauev Gwrmu i\\ o aa'txansa�amo Pu:fmxp ae�ams w.eaaPaiau To. „(204 Tn�,82apxeo FIX; (2071 82XWO9 rNl1IN35 J mo.WOQ ¢m)eaaeees StntriYepanm ,= OF nimy GFFICa STX= ouI SBArroir wl E STALE HOUSE STATION O: (BJ])i .sen 047.6 t]as.®M", 04736 C�w7.Mu7e7n (mu AUOVsr M.ihe0l333- M 0006 �•:aanasc- P 4%M06t91 September P{ 2003 Gail Campbell, City Clerk City ofBrommr 73 borrow Street Bangor, ME 04401 RB: State of Maine vs. Dino Merritt Penobsmi CountySupaim Court Doo. No. CR -99-f4 - Criminal Forfeiture Requned Vote ofCitylpoxm Approval of Transfer ofForfeitme Assets Dem Ms. Campbell: Bnclesed plea find a draft CStyof 8whurApproval form for shbrmesion to the city' council Please irdmm the council thof A. 15 M.RS.A. §5814(3) requires that, before any forfeitable item maybe transferred to a State Agency, County or Municipally; the legislative body of that entity must publicly vote to accept the itetn(s) if subsequently ordered forfeited by the Court; B. Under Rules issued by the Deparmout of the Attorney General, a public vote most be made ma each forfeiture "approval"and a"continuing resolution' of approval carbon be accepted; C. As with all forfertmes, an approval of a tramoerby the legislativebody does not the Court wal o Gat the Defendants) rr Feto will Sn facrbe Department on Agency, C they the Court will order the items) transferred r the only si ng Depaat, ift, Agency, County or Municipality.'Dmledfoffei ody'sapprovalomesignifies than,HeCDefendants) trnem aze ctarrof thforfend end, ifthe Attorney General andgeny, x agreeroa Muraci of Alall organ of theo"f ssuifia c nem ut a Department, Agency, County , Contyol Mnicip uponrhethatsootyi confact,won"oftlaneptthe ofnt, Agency, County or Mumdpaeof.Inothst entityisinfact, willingtowist acceptthe bersome (s)In nemorpomocess, it is o rnonkrto streamline wcouhat nty or Muneacumbersome forfeitwe process, itis our practice to seek State, cowry or Municipal legislative arae approval in anticipation of We final order of forfeiture. However, final forfeiture is not guarantced and both the legislative body and the law eNbrcement agency involved are cautioned that they should not encumber funds or property until a Final Order gaiting 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 a truafer in a timely manner, any forfeited items shall be transferred to the State of Maine General Fund. Assuming }nm legislative body does grant its approval, kindly sur to it that the accompanying Rum is signed by the appropriate person and is "embossed" with the seal of that legislative body. 'Ther, please return the original to me for filing, and retain a copy for you records. My sincere thwdcs for your attention to this matter. Should you have my goesdons, please do not hesitate to wntaot me. S' ay, est s M. Cam AsaiemniAmmey General Enclosure