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Home My WebLink About2003-10-15 03-312 ORDERItem No. 03-313 Date: Or3ober10 2003 Item/Subject: ORDER, Authonzing the City Manager to Accept $886.00, or a Portion Thereof, in Funds as the Result of a State Criminal Fortelture Responsible Department: Police/Legal Members of the Bangor Police Department who were assigned M the Maine Drug Enforcement Agency (MDEA) developed the information that led to this seizure. A subsequent investigation led W the arrest of Steven B. Williams, who was charged with Unlawful Trafficking in Marijuana (Class Q. Prosecutors In the case filed for forfeiture on an amount of cash and a 4wheeler with trailer that was seized from the defendant. The Bangor police Department may be entitled to all or a portion of $886.00 in forfeited assets. Department Head Manager's Comments: Recommend approval G. City Manager Manager Associated Information: Approval of Transfer Budget approval: finance Director City Solicitor Introduced for Consent x Passage _First Reading Page 1 of 3 Referral Assigned to Councilor Allen October 15, 2003 CITY OF BANGOR (TITLE.) ORDER, Authorizing the City Manager to Accept $886.00, or a Portion Thereof, in Funds as the Result of a State Criminal Forfeiture By me oty cnUmo, ofthe oty ofBangor. ORDERED, THAT the City Manager be authorized to accept $886.00, or a portion thereof, in funds as a result of a State Criminal Forfeiture and deposit it in the State Forfeiture Account (6002030950). and be it further, ORDERED, THAT the City Clerk is authorized to execute the attached Approval of Transfer. p 03-312 ORDER ETLpEt,) utaivhDmgc E Pmde as the Ewalt of a State h4,Inal PH.F.-... 03-312 STATE OF MAINE SUPERIOR COURT Penobscot, ss Criminal Action Docket No. CR -03-135 State of Maine City of Bangor Approval of Transfer 15. MA S.A. §5824(3) & §5822(4)(A) Steven B. Williams, Defendant; and $5,910.00 U.S. Currency, Defendant(s) In Rem #1 One 2002 Polaris ATV 4 -wheeler ) VIN #4 CDKA922668600 w/nada ) Defendaut(s)In Rem#2 ) NOW COMBS 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 a portion of the above captioned Defendant(s) in Rem #1, namely, ($886.00), 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, namely, $886.00, pursuant to 15 M.R.S.A. § 5824(3) & §5826(6) by vote of the Bangor City Council on or about October 15, 2003. Dated: eptaner. 36 2n03 fheape 'ifovn or City Council Bangor, Maine (memsl gvLeve Boar eol f*,,) 03-332' . -. Pmmvniomcu: wuvmeuuav i�..9xencm N Mnu a of Cl. Si AM aEY GE'r ry)/ Ma!]]961-]m0 J Fu:fl4901-]b15 PYL F,,cRO.c )8m�Cmnm tkc(n)8f2.0259 ID10 F D. con T I GM)S25438an9aZ Sx OF M,mm :(e)m aa.. Sim lm.'1PnI162689a4 OPFl 6Ssarsm ousel nr Semsd oN RN. 12asv, w047% G STA't8 HOV56 SiMON C )u 7aa '1m: D nl ascs'm Aucrsin,Mwm 04333-0006 F..:tmrl asssnr Septembtt25,2003 O� R1dCd � Gail Campbell, City Clerk City ofBangor 73 Harlow Street Banger, ME 06401 RE: State of Maine vs. Steven B. Williams Penobscot County Superior Court Doc. No. CR-03-135 - Criminal Forfeiture Required Vote of CStyfowm Approval ofTraresftt of Forfeiture Assns Dear Ms Campbell:, Enclosed plumes ford a&A City of Bangor Approval four; lot submission to the_ City Please inform the councilmen that A. 15M.R.S.A.§5824(3)req stbat,befommyforfei leitemmaybelrnnsf dto a Stne Agency,Countyor Municipality,NelegislativebodyofN entitymustpubhcly vote to accept the items) if subsequently ordered forfeited by the Conry B. Undm Rules issued by the Deprtmentofthe Attorney General, apublic vote main be made on each forlinuic "approval" and a "continuing resolution" of approval career be accepted; C. As with all forf cures, an approval ofanansfrr bythe let slative body does not guarantee either that OheDefmdmt(s)In Rem will in fact be forfeited or, ifforf ted, that the Comt will order the items) transferred to We approving Department, Agency, County or Municipality The legislative body's approval only signifies that, ifthe Defendants) In Rem are in fact orpered f felted and, if the Attomey, General and the Conn agree to a no msfer of all or part of the Defmdant(s)In Rem to a Department, Agency, County or Municipality based upon flue cpnnibutton" of that Deparmuent,.Ageoey, County or Municipality, then than many is in fort, willing to accept the Defeadant(s) In Rernorpostunsthereof ]noMd wstreardiuewhatisoffir iseacumbemome forftme process, it is on practice f seek State, county or Municipal legislative m.,n.r Iwrp approval in amlcipation of the foal order of forfeiture. However, finalf feature is not gueraNeed and both the legislative body and the law enforcement agency involved are cautioned that day should not encumber fonds or property, until a Final Order grouting them lawful title to the property is delivered m Nem, D. Under the provisions ofthe Forfeiture Statute, if the legislative body fails to approve atranskr in a timely mariner, any forfmted items shall be tmnsfined m He State of Mame General Elrod. Assuming your legislative body does garrt its approval, kindly we to it dust the accompanying form is signed by the approprvte person and is "embossed" with the seal of that legislafivebody. Than, please remain He original tome for filing, and retain a copy her your records. My wisdom thanks for your attention to this owner. Should you have any questions, please do not bea draw m conmct me. Sm y, 7 M. C es ameron Assistant Attorney General CRJ[M NA DIVISION Emlosure 03-312