January, 2007 FEAR bulletins with associated articles

Because most news media links are short lived, for educational purposes we have attached the full text of each article linked in the FEAR List bulletins below wherever possible.  (A couple of the FEAR bulletin article links had already expired before we began this archive project.)

Sarisota Herald-Tribune:
Bradenton police plan to spend disputed cash
Officials want to buy guns and gear with the disputed money.
The Baltimore Sun:
Prosecutors Seek Severance Paid Former Md. Insurance Fund Chief
San Francisco Chronicle:
RICHMOND: Court setback for car confiscations


From: "Brenda Grantland" <bgrantland1@comcast.net>
To: <fear-list@mapinc.org>
Subject: FEAR: FL:  Waiver of forfeiture agreements
Date: Tuesday, January 09, 2007 9:54 PM

Police plan use of funds seized
<http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070109/NEWS/701090359>
Sarasota Herald-Tribune - Sarasota,FL,USA
Each year, hundreds of people waive their right to cash and property by signing
Contraband Forfeiture Agreements, a document that essentially cancels a ...

Bradenton police plan to spend disputed cash
Officials want to buy guns and gear with the disputed money.


By ANTHONY CORMIER

anthony.cormier@heraldtribune.com

BRADENTON -- Drug dealers could soon buy the police a fingerprint scanner, a high-tech surveillance camera and 15 assault rifles.

Police officials here want to use disputed cash to buy about $45,000 worth of equipment that will be paid for by a controversial program that takes money from reputed dope pushers and puts it in department coffers.

Each year, hundreds of people waive their right to cash and property by signing Contraband Forfeiture Agreements, a document that essentially cancels a person's right to contest a seizure in court.

The documents, reviewed and amended by city lawyers last year after a series of stories by the Herald-Tribune, have been sharply criticized by legal scholars and attorneys, who questioned the legality of agreements. Police Chief Michael Radzilowski and other officials, however, defended the program as a way to put drug money to good use, and plan to ask the Bradenton City Council to approve the latest expenditures at Wednesday's meeting. City officials in 2006 routinely approved similar requests, as police used the money for everything from weapons and radar guns to attorneys' fees and a summer camp run by Councilman James Golden.

While city leaders back the program, it is the subject of a legal fight that will move forward next week in court. The case is rooted in a complaint by a Bradenton man, which says the agreement goes against state law.

Attorneys for Delane Johnson, who signed away $10,000 to the police, say the agreements are unconstitutional and violate the Florida Contraband Forfeiture Act, which requires police agencies to use the court system to seize money from suspected drug dealers. Johnson was not arrested, nor were several others who turned over cash and property to Bradenton detectives. But because they signed agreements, they essentially nixed their right to contest the seizure -- a dangerous precedent, to some legal experts.

"Imagine having to choose between signing over your cash or going to jail," Tampa Bay defense attorney Denis DeVlaming said earlier this year. "That's the situation that these people face. It's a scary proposition."


Last modified: January 09. 2007 7:57AM

From: "Brenda Grantland" <bgrantland1@comcast.net>
To: <fear-list@mapinc.org>
Subject: FEAR: WI:  CAFRA did not change law on waiver of soverign immunity for loss of prisoner property
Date: Saturday, January 13, 2007 3:40 PM

Dahler v. US (01/12/07 - No. 05-4782)
Dismissal of suit to recover the value of items lost during a prison
shakedown is reversed where amendments to the Civil Asset Forfeiture
Reform Act did not alter the court's previous holding that the
government had waived immunity for negligent loss of property by
government employees.
[To view the full-text of cases you must sign in to FindLaw.com.]
http://caselaw.lp.findlaw.com/data2/circs/7th/054782p.pdf

From: "Jody Neal-Post" <jodynealpost@sprintmail.com>
To: "Fear" <fear-list@mapinc.org>
Subject: FEAR: Penn.  forfeiture process
Date: Monday, January 15, 2007 4:10 PM

The <http://www.readingeagle.com/re/news/1616167.asp>  forfeiture
process
Reading Eagle - Reading,PA,USA
A prosecutor files a forfeiture petition and requests a court hearing.
The defense can file a request to have the seized items returned or
agree to forfeit ...

From: "Jody Neal-Post" <jodynealpost@sprintmail.com>
To: "'Fear'" <fear-list@mapinc.org>
Subject: FEAR: Fla forfeitures
Date: Monday, January 15, 2007 4:10 PM

 
<http://www.heraldtribune.com/apps/pbcs.dll/article?AID=/20070114/NEWS/7
01140679> Forfeiture policy goes to court Bradenton will defend
lucrative ...
Sarasota Herald-Tribune - Sarasota,FL,USA
WHAT'S NEXT: Circuit Judge Peter Dubensky could toss out Johnson's
lawsuit or force Bradenton to give him his money back and discontinue
its forfeiture ...

From: "Jody Neal-Post" <jodynealpost@sprintmail.com>
To: "Fear" <fear-list@mapinc.org>
Sent: Tuesday, January 16, 2007 7:09 AM
Subject: FEAR: Reach of forfeiture actions


> Prosecutors
> <http://www.insurancejournal.com/news/east/2007/01/14/75845.htm>  Seek
> Severance Paid Former Md. Insurance Fund Chief
> Insurance Journal - San Diego,CA,USA
> The conspiracy case includes a forfeiture action against the Bromwells
> that has already frozen most of their assets. Attorneys for the
> Bromwells have ...
>
> <http://news.google.com/news?ie=utf8&oe=utf8&persist=1&hl=en&client=goog
> le&ncl=1112696887> See all stories on this topic
>
>
Prosecutors Seek Severance Paid Former Md. Insurance Fund Chief
January 14, 2007

Federal prosecutors pursuing public corruption charges against former Maryland state Sen. Thomas Bromwell are trying to seize the $400,000 buyout he received when he stepped down as head of the state's largest insurance fund for injured workers.

U.S. Attorney Rod J. Rosenstein argues in papers filed in U.S. District Court in Baltimore that Bromwell's severance package from the Injured Workers Insurance Fund should be targeted for forfeiture.

Bromwell and his wife, Mary Pat, were indicted in October 2005 on racketeering conspiracy charges. Prosecutors allege the Baltimore County Democrat cashed in on his ability to steer multimillion-dollar projects by accepting bribes from David Stoffregen, president of the construction company Poole and Kent.

Last year, federal prosecutors moved to seize thousands of dollars' worth of assets from the Bromwells and Stoffregen. The move crippled Stoffregen's ability to pay for his own attorney, and he was forced to seek a federal public defender.

Stoffregen pleaded guilty in November to racketeering conspiracy, mail fraud and filing a false tax return — one of six guilty pleas in cases related to the investigation of the Bromwells.

The conspiracy case includes a forfeiture action against the Bromwells that has already frozen most of their assets.

Attorneys for the Bromwells have appealed that action, arguing that it hurt their clients' ability to defend themselves. Their appeal is still pending.

In a separate filing late last month, the Bromwells' lawyers asked U.S. District Judge Frederick Motz to stop prosecutors from allowing a jury to hear secret tapes made of Thomas Bromwell.

Motz has yet to rule on that filing or on the latest forfeiture request. The Bromwells are scheduled to go on trial in March.

The indictment shows that the Bromwells could be liable for as much as $5.6 million in proceeds that prosecutors allege were obtained illegally.

Speaking generally about forfeiture actions, Rosenstein told The (Baltimore) Sun that "the principle here is that once there is an indictment, the law allows the government to seize assets to make sure that they are available in the event that the courts find that they should ultimately be forfeited.''

___

Information from: The (Baltimore) Sun,
http://www.baltimoresun.com

Copyright 2007 Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

From: "Jody Neal-Post" <jodynealpost@sprintmail.com>
To: "'Fear'" <fear-list@mapinc.org>
Subject: FEAR: Even food products are forfeited
Date: Tuesday, January 16, 2007 7:14 AM

Feds
<http://www.newszap.com/articles/2007/01/10/dm/eastern_shore_of_maryland
/ct01.txt>  post notice in crab case: Forfeiture proceedings to begin
soon
Newszap Maryland - MD,USA
RICHMOND - The federal government will soon begin forfeiture proceedings
to dispose of nearly 50000 frozen soft crabs seized in Crisfield last
September. ...

Subject: FEAR: CA: state appeals court invalidates Richmond CA forfeiture ordinance
From: Brenda Grantland
Date: Thu, 25 Jan 2007 14:24:34 -0800
To: fear-list@mapinc.org

RICHMOND - Court setback for car confiscations 
<http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/01/25/BAG9QNOMEO1.DTL&hw=car+confiscation&sn=001&sc=1000>

Bob Egelko, San Francisco Chronicle, 01/25/07
A Richmond ordinance allowing police to seize cars that are used to
solicit prostitution or drug deals is unconstitutional because it
doesn't entitle the owner to an early hearing to try to reclaim the
car, a state appeals court ruled Wednesday. The First...

RICHMOND

Court setback for car confiscations

A Richmond ordinance allowing police to seize cars that are used to
solicit prostitution or drug deals is unconstitutional because it doesn't
entitle the owner to an early hearing to try to reclaim the car, a state
appeals court ruled Wednesday.

The First District Court of Appeal in San Francisco noted, however, that
it's unlikely to have the last word, because the California Supreme Court is
getting ready to hear multiple constitutional challenges to a similar ordinance
in Stockton. The high court's ruling will also affect vehicle forfeiture laws
in Oakland and Los Angeles.

The Richmond ordinance, passed in January 2003, allows police to seize and
sell any vehicle based on evidence that it was used to solicit prostitution or
drugs, with the proceeds divided between police and the city attorney's office
after lenders are repaid. Before the vehicle is permanently confiscated, the
former owner is entitled to a jury trial on whether police had legal grounds
for the seizure.

Contra Costa County Superior Court Judge Steven Austin overturned the
ordinance in July 2005 on several grounds, including its distribution of the
sale proceeds, which he found to be a conflict of interest for the police and
city attorney.

The appeals court disagreed with Austin on that issue, but said the
ordinance doesn't guarantee a hearing to the owner until after the police or
prosecutor's office has filed a notice that the vehicle will be forfeited and
sold, a period that could last as long as a year. The Constitution entitles an
owner of seized property to a prompt hearing to challenge the legality of the
seizure, said Presiding Justice Ignazio Ruvolo in the 3-0 ruling.

E-mail Bob Egelko at begelko@sfchronicle.com

This article appeared on page B - 4 of the San Francisco Chronicle


Subject: FEAR: US: DOJ awards contract to Unisys to manage asset tracking system
From: Brenda Grantland
Date: Thu, 25 Jan 2007 14:23:24 -0800
To: fear-list@mapinc.org

DOJ Chooses Unisys Services <http://www.huliq.com/7984/doj-chooses-unisys-services>
HULIQ - Hickory,NC,USA
The US Department of Justice, Asset Forfeiture Management Staff (DOJ AFMS), awarded Unisys Corporation a blanket purchase agreement (BPA), ...

DOJ Chooses Unisys Services

DOJ Chooses Unisys Services to Support the Justice-wide Consolidated Asset Tracking System

The U.S. Department of Justice, Asset Forfeiture Management Staff (DOJ AFMS), awarded Unisys Corporation a blanket purchase agreement (BPA), under which delivery orders may be issued for continued support of the Consolidated Asset Tracking System (CATS), the company announced today. The eight-year BPA could be worth approximately $112 million to Unisys, if the government orders services at the levels anticipated for the full eight-year term. The government already has issued orders for about $8 million.

CATS tracks, monitors and reports on assets seized and forfeited in the prosecution of criminals and criminal enterprises. Under the contract, Unisys will provide an applications managed services environment for the processing of federally seized and forfeited assets.

As prime contractor, Unisys is responsible for all operations including: systems integration, systems development, engineering, network management, production support services, security and certification services, customer support services, program management, and verification and validation.

This award extends Unisys long-standing program oversight of the DOJ enterprise-wide, multi-agency application and infrastructure. Over the past five years, Unisys modernized all CATS core business applications on schedule and within budget, while maintaining legacy system operations throughout the change process.

Subcontractor Base2 Technologies, which has worked with Unisys for more than 10 years, will continue in partnership on the new contract.

Ten law enforcement agencies participate as users of CATS, including the U.S. Attorney's Offices; the Federal Bureau of Investigations; the Drug Enforcement Administration; the U.S. Marshals Service; the Food and Drug Administration; the Asset Forfeiture Money Laundering Section, Criminal Division; the Diplomatic Support Services of the U.S. Department of State; and the U.S. Postal Inspection Service. CATS tracks all seized and forfeited assets in the course of law enforcement work that these agencies perform.

“Unisys partnership with DOJ to date has resulted in improved management of this critical program through significant system enhancements. Together with the asset forfeiture management staff, we look forward to continuing to enhance this mission-critical system with the highest levels of security and integrity,” said Ted Davies, managing partner, civilian agencies, Unisys Federal Systems - Unisys.