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By TERRIE MORGAN-BESECKER tmorgan@leader.net
Sunday, March 09, 2003 Page: 1B
Hazleton Police Chief Ed Harry opens the door to a supply room and reveals
an arsenal of crime-fighting equipment: Assault rifles. Ammunition. Radios.
Computers. Infrared cameras. Hydraulic tools. Explosives. Bulletproof vests.
It’s an impressive cache costing tens of thousands of dollars, and it was
all provided by the most unlikely of donors: drug dealers.
Their contributions were not voluntary, of course. They came through state
and federal forfeiture laws, which allow police departments to reap the
benefits of their arrests.
From 1986 to 2002, more than $6.6 million in cash and property was
distributed to law enforcement agencies in the 33 counties, including Luzerne,
which are served by the U.S. District Court for the Middle District of
Pennsylvania.
State drug forfeitures contributed another $4.9 million to counties
statewide from 1991 to 2001, according to the Office of Attorney General.
Locally, that has resulted in about $498,000 for local law enforcement
agencies through federal, state and county forfeitures. Of that, about
$264,000 was obtained through actions taken by the Luzerne County District
Attorney’s office; about $146,000 came from federal authorities; and about
$88,000 came from the attorney general’s office.
The forfeitures were made possible through criminal and civil statutes,
which have been on the books since the 1970s. The laws were developed to
ensure criminals don’t profit from their crimes after they’re released from
prison, said U.S. Attorney Tom Marino.
“Our objective is not only to arrest and prosecute people. It’s equally
important to take their assets,” Marino said. “Some of these individuals,
would be glad to do three, four, five years in prison, then come out and have
access to all the illegal money they made.”
To seize cash or property, authorities must prove it was connected to
illegal activity. A car or home can be seized, for example, if it’s proven it
was used to transport or sell drugs.
Forfeiture laws have historically targeted drug dealers, but Marino said he
and other U.S. attorneys are aggressively applying the law to other crimes,
most notably money laundering.
In 1998, federal authorities netted more than $1 million from Adam and
Michael Coffee, who pleaded guilty that year to tax evasion in connection with
an illegal video poker gambling business.
In 2001, Phillip Roth forfeited $145,000 as part of his guilty plea to
income tax evasion related to a video poker raid.
Local police say the forfeited funds have provided invaluable assistance in
purchasing equipment and providing officer training. Hazleton police have been
one of the biggest beneficiaries of federal forfeiture money, reaping $30,900
since 1986.
Most recently the department used forfeiture money to purchase high tech
radio system with headsets, as well as an telescopic infrared camera that can
be inserted into small areas to determine if a suspect is hiding there, Harry
said.
“If it weren’t for forfeiture laws, we wouldn’t have a fraction of this,”
Harry said. “We simply would not be able to afford it.”
And Harry said there’s a lot more money to come. Hazleton police have been
aggressive in referring drug cases for federal prosecution, which often have
much stiffer penalties. The department participated in more than a dozen
federal drug prosecutions in recent years. All told, Harry said he expects to
receive up to $100,000 in forfeited funds once those cases are resolved.
In Wilkes-Barre, police Chief Tony George said the department recently
purchased two new police cruisers with the help of forfeiture money. He’s
expecting between $20,000 and $30,000 more in federal funds pending resolution
of some outstanding cases.
State and federal guidelines require the funds be used for law enforcement
purposes, but officials have flexibility in determining what fits that
category.
In a non-drug county case, Luzerne County Court of Common Pleas Judge
Patrick Toole seized $40,000 from Paradise Social Club, an illegal speakeasy
in Swoyersville, and distributed the funds to nearly 40 charitable and police
organizations in the county. Toole said he had authority to distribute the
funds because he presided over criminal proceedings brought against people who
ran the club.
In federal cases, payments are made directly to the police agencies that
participated in the case. State forfeitures are paid to the district attorney
of the county involved, who then gives proceeds to departments that seek
funds.
In Luzerne County, District Attorney Dave Lupas said any police department
is eligible to request funds whether it took part in a forfeiture case. Most
recently, he released $3,370 to the Hanover Township Police Department to fund
K-9 unit purchases and $3,500 to fund a drug awareness program sponsored by
the Back Mountain Police Association, Kingston Police and Wyoming Valley Drug
and Alcohol.
But Lupas said there is more money available. As of the end of the 2001
fiscal year, the fund had a balance of $114,163, according to a report from
the attorney general’s office.
Lupas said he has advised departments the money is available, but has not
received as many requests as he expected.
“I encourage departments to contact me. (The money) doesn’t do any good
sitting in a bank account.”
Terrie Morgan-Besecker, a Times Leader staff writer, may be reached at
829-7179.