HomeMy WebLinkAboutMINUTES - 10251994 - 1.42 TO: BOARD OF SUPERVISORS
Contra
FROM: WARREN E. RUPF, Sheriff
Costa
DATE: September 22, 1994 county
SUBJECT: Federal Asset Forfeiture Funds
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Direct the Auditor-Controller to establish an interest-bearing special revenue fund for Federally forfeited
funds, to be used by the Sheriff.
II. FINANCIAL IMPACT:
-None
III. BACKGROUND/REASONS FOR RECOMMENDATION:
Federal and State law, prior Board actions and a local law enforcement memorandum of understanding,
specify how funds from narcotic forfeitures should be used by Contra Costa County. On April 30, 1986,
the Board of Supervisors authorized the County to participate in the Federal seized and forfeited property
program, pursuant to the comprehensive crime control act of 1984. In compliance with the U.S.
Attorney General's guidelines, the Board adopted the policy that Federal narcotic forfeitures will be
distributed according to Federal law. Additionally, the funds would be used by the Sheriffs Office to
enhance law enforcement resources.
On May 1, 1994, the U.S. Department of Justice changed its guidelines to better monitor the uses of
Federally forfeited shared funds. These changes include an "Annual Certification Report" and the
establishment of a separate interest-bearing account for Federally forfeited shared funds. The guidelines
specifically prohibit the commingling of State and Federally forfeited funds.
Currently, Federally forfeited shared funds are deposited into a special revenue account with State and
local asset forfeiture funds. The current revenue account does not post interest, and these funds are
commingled.
The Sheriff is requesting approval of the above recommendation.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Without the safeguards of a separate forfeiture revenue fund for Federally forfeited shared funds, the
County is increasing its liability in Federal and State audits for forfeited funds. Failure to approve the
establishment of a separate interest-bearing revenue account for Federally forfeited shared funds would
result in the Contra,Costa County Sheriffs Department being barred from further participation in the
Federal forfeiture sharing program, civil sanctions or criminal prosecution.
CONTINUED ON ATTACHMENT: YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEN ATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S) eef
ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER
VOTE OF SUPERVISORS
UNANIMOUS (ABSENT ) I HEREBY CERTIFY THAT THIS IS A TRUE
AYES: NOES: AND CORRECT COPY OF AN ACTION TAKEN
ABSENT: ABSTAIN: AND ENTERED ON THE MINUTES OF THE BOARD
OF SUPERVISORS ONTHE
QDATE SHOWN.
CC: CAC--Justice Sys.,em Programs ATTESTED OCT 2 5 1^"Q'4
Sherif
County Auditdr-Controller
District Attorney
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Mee2/7-6e BY DEPUTY