HomeMy WebLinkAboutMINUTES - 01281997 - C74 N . .. C . 74*<
70: BOARD OF SUPERVISORS Contra
FROM: WARREN E. RUPF, Sheriff
Costa
DATE: December 27, 1996
SUBJECT: Federal Asset Forfeiture Funds
SPECIFIC REQUEST(S) OR RECOMMENDATION(S) a: BACKGROUND AND JUSTIFICATION
I. RECOMMENDED ACTION:
Direct the Auditor-Controller to establish a separate interest-bearing special revenue fund
for Federally forfeited funds from the United States Department of the Treasury to be
used by the Sheriff.
II. FINANCIAL IMPACT:
None
III. BACKGROUND/REASONS FOR REOOMMENDATION:
Federal and State law,prior Board actions and a local law enforcement memorandum of
understanding, specify how funds from narcotic/criminal 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 forfeitures will be
maintained and distributed, according to Federal law.
Currently, the Sheriffs Office maintains three forfeiture funds, as required by State and
Federal statutes. Two of the funds are State asset forfeiture funds. One of the State asset
forfeiture accounts is a trust fund where funds are kept,pending court/administrative
actions. The second State asset forfeiture fund is a special revenue account. The funds
held in this account are distributions from the trust account,pursuant to court order or
administrative action. The third fund is an interest- bearing Federal special revenue
account, for shared Federal forfeiture funds. The funds held in this account are from the
U.S. Department of Justice, which handles shared asset forfeitures for the Federal Bureau
of Investigation and the Drug Enforcement Administration.
CONTINUED ON ATTACHMENT: X YES SIGNATURE:
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMEND TION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S)
ACTION OF BOARD ON January 26, 77 _ APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS
X UNANIMOUS (ABSENT > 1 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 ON THE DATE SHOWN.
CC: Sheriff-Coroner ATTESTED January 28, 1997
Auditor.-Controller Phil Batchelor, Clerk of the Board of
County Administrator Supervisors and County Admir.:st,ator
M382/7-83 BY _ `� ��7Z,�"�Y , DEPUTY
fJ n
Page Two
On May 1, 1994, the U.S. Attorney General changed its guidelines to better monitor the
uses of Federally forfeited shared funds. One of the changes requires the establishment of
a separate interest-bearing account for funds shared by the U.S. Department of the
Treasury. The U.S. Department of the Treasury handles shared asset forfeitures for the
U.S. Customs Service and the Internal Revenue Service. The new Federal Guidelines no
longer allow for the commingling of Department of Justice funds with Department of
Treasury funds.
In the near future, the Sheriffs Office is anticipating some forfeiture funds to be shared
by the Department of the Treasury. The Sheriff is requesting approval for the
establishment of an interest-bearing account for the shared asset forfeiture funds from the
Department of the Treasury.
IV. CONSEQUENCES OF NEGATIVE ACTION:
Without the safeguards of separate forfeiture revenue funds for each of the two Federally
forfeited shared funds, the County is increasing its liability for Federal audits of shared
forfeiture funds. Failure to approve the establishment of a separate interest-bearing
revenue account for Federally forfeited shared funds from the U.S. Department of the
Treasury would result in the Contra Costa County Sheriffs Office being barred from
further participation in the Federal forfeiture sharing programs, civil sanctions or criminal
prosecution.
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