According To The Federal Guidlines

Bill Smith is using Drug Money For Campaign purposes. He can not legally set up scholarships according to the guidelines. Scroll down under Impermissible Uses:


¨ Uses of Equitably Shared Funds· Permissible UsesEquitably shared funds shall be used for only law enforcement purposes and aresubject to the laws, rules, regulations, and orders of the state or local jurisdictiongoverning the use of public funds available for law enforcement purposes. Thefollowing expenses are pre-approved as permissible uses of shared funds andproperty.
a) Activities Calculated to Enhance Future Investigations. The support ofinvestigations and operations that may result in further seizures andforfeitures, e.g., payment of overtime for officers and investigators; purchaseof information; “buy,” “flash,” or reward money; and the purchase ofevidence.
b) Law Enforcement Training. The training of investigators, prosecutors, andlaw enforcement support personnel in any area that is necessary to performofficial law enforcement duties. Some examples of such training are:
(1) assetforfeiture in general (statutory requirements, policies, procedures, case law);
(2) the Fourth Amendment (search and seizure, probable cause, draftingaffidavits, confidential informant reliability);
(3) ethics and the National Code of Professional Conduct for Asset Forfeiture;
(4) due process rights; and
(5) protecting the rights of innocent third-parties (individuals and lienholders);
(6) this Guide; and
(7) use of computers or other equipment used inor in support of law enforcement duties. Payments for college tuition,hospitality suites at conferences, and other indirect training expenses arenot allowed.
c) Law Enforcement Equipment and Operations. The purchase or lease ofbody armor, firearms, radios, cellular telephones, computer equipment, software to be used in support of law enforcement purposes, vehicles (e.g.,patrol vehicles, surveillance vehicles), electronic surveillance equipment,uniforms, travel, transportation, supplies, leasing of office and other space fortask force and undercover operations, and leasing or purchase of other typesof equipment that support law enforcement activities. Forensic labs andequipment and related training and certification expenses are also permissible.
d) Detention Facilities. The costs associated with construction, expansion,improvement, or operation of detention facilities managed by the recipientagency.
e) Law Enforcement Facilities and Equipme nt. The costs associated withbasic and necessary facilities, their construction, updating, remodeling,furniture, safes, file cabinets, telecommunications equipment, etc., that arenecessary to perform official law enforcement duties.
f) Awards and Memorials. The cost of plaques and certificates for lawenforcement personnel to recognize a law enforcement achievement, activity,or the completion of law enforcement training. Shared funds may also beused to pay for modest commemorative plaques, displays, or memorials tohonor officers killed in the line of duty. The cost of these awards orcommemorations shall not create the appearance of extravagance orimpropriety. Shared funds may not be used to pay cash awards.
g) Drug Education and Awareness Programs. The costs associated withconducting drug education and awareness programs by law enforcementagencies. Such costs include meeting and entertainment costs, costs of antidrugabuse literature, travel expenses, and salaries for officers working in adrug education program.
h) Matching Funds. To pay a state or local law enforcement agency’s matchingcontribution or share in a federal grant program, provided that the grant fundsare used for a permissible law enforcement purpose in accordance with thisGuide.
i) Pro Rata Funding. The costs associated with supporting multi-agency itemsor facilities. For example: a town purchases a new computerized payrollsystem; the police department payroll represents twenty percent of the totaluse of the payroll system. The police department may use shared money tofund its pro rata share (twenty percent ) of the operating and maintenanceexpenses of the system.
j) Asset Accounting and Tracking. The costs associated with the accounting,auditing, and tracking of revenues and expenditures of equitable shared cash,proceeds, and tangible property. For example, the use of shared funds to payan outside accounting firm to perform an audit is permissible.
k) Salaries. Many of the costs of the activities described above could entail thepayment of salaries of the personnel involved. However, equitable sharingmonies generally may not be used to pay the salaries and benefits ofcurrent, permanent law enforcement personnel, except as permittedunder this section. Due to the extreme sensitivity of asset forfeiture work,the payment of salaries of sworn law enforcement officers is limited to thefollowing categories:Overtime for officers and investigators.The first year’s salaries for new law enforcement positions that supplementthe current workforce.Salaries or contractual appointments that do not exceed one year. Salaries of officers assigned to specific approved specialized programs,which do not generally involve traditional law enforcement functions. Anexample is the DARE program. When authorized by law, federal grant programs such as the CommunityOriented Policing Services (COPS) program established by the ViolentCrime Control and Law Enforcement Act of 1994, expressly permit stateand local law enforcement agencies to use equitably shared asset forfeiturefunds to meet the local match requirements of that program.When a law enforcement agency assigns an officer to a task force for aperiod of at least one year(this is how Bundy got paid for framing Dennis Perry), or the life of the task force, and hires a new lawenforcement officer to replace the officer so assigned, the agency may useequitably shared funds to pay the salary and benefits of the replacementofficers for the life of the task force and up to six months after the taskforce has disbanded. The principal duty of the replacement officer shouldnot involve the seizure of assets or narcotics law enforcement.The above expenses are not meant to be all-inclusive and other expenses maybe permissible. Guidance from the Treasury Executive Office for AssetForfeiture should be sought for any proposed use of shared cash or proceedsthat could be questioned as to its law enforcement purpose.

Note: The fact that the shared property was forfeited as a result of a particularfederal violation does not limit its use. For example, when an agency receives a share of property that was forfeited for a federal drugviolation, the shared property does not have to be used in a department’sdrug program. Priority consideration should be given, however, tocompletely equipping units that generate forfeitures in order to fosterfuture forfeiture investigations.

· Impermissible Uses:

a) Payment of Salaries for Existing Positions. The payment of salaries forcurrent permanent law enforcement personnel is not permitted, except asindicated in item “k” in the section under Permissible Uses.
b) Uses of Forfeited Property by Non-Law Enforcement Personnel. Use of ashared vehicle or other forfeited tangible property by non-law enforcementpersonnel for non-law enforcement business.
c) Payment of Non-Law Enforcement Expenses. Shared funds may be usedto pay the expenses for drug testing of law enforcement personnel, but maynot be used for the testing of all municipal employees. Shared funds may notbe used for scholarships or financial aid, except for law enforcementpersonnel pursuing training that is necessary to the performance of theirofficial duties.
d) Uses Not Specified in the TD F 92-22.46. Requesting state and localagencies must specify on the TD F 92-22.46 what uses will be made of the shared assets. Any major departure from such stated uses shall be approved in writing by the Treasury investigative deciding official or the Executive Officefor Asset Forfeiture unless the use is already specified in this section under
Permissible Uses.
e) Uses Contrary to the Laws of the State or Local Jurisdiction. Sharedfunds and property may not be used for any purpose that would constitute animproper use of state or local law enforcement funds or property under thelaws, rules, regulations, and orders of the state or local jurisdiction of whichthe agency is a part.
f) Non-Official Government Use of Shared Assets. Any use that creates theappearance that shared funds are being used for political or personal purposesis not permitted. For example, the use of shared funds for a sheriff’s campaignparaphernalia is impermissible. The use of shared funds to settle a lawsuit isnot a permissible use.
g) Purchase of Food and Beverages. Shared funds generally may not be usedto pay for food and beverages (alcoholic or non-alcoholic) for consumption by law enforcement personnel or their guests, except for the limitedcircumstances noted herein. Shared funds may be used to purchase food andbeverages when such food and beverages are provided as part of a“conference package,” e.g., a hotel provides complimentary coffee and danishwith the rental of its conference room for an authorized training event.Shared funds may also be used to purchase food and beverages if state or locallaw or rules governing reimbursement of expenses permit officers to bereimbursed for such expenses, e.g., meals purchased while an officer is onofficial travel, attending a training conference, or engaged in a disasteroperation, such as an earthquake or hurricane.
h) Extravagant Expenditures. Receiving agencies should use federal sharing monies prudently and in such a manner as to avoid any appearance ofextravagance, waste, or impropriety. The payment of personal credit cardbills, the purchase of meals (except personal meals incurred during officiallaw enforcement travel), alcoholic beverages and other such expenditures are impermissible.