Ilegal Use of Drug Funds

From the Law Enforcement Guide to Equitable Sharing:(The drug fund)



Uses of Equitably Shared Funds
· Permissible Uses
Equitably shared funds shall be used for only law enforcement purposes and are subject to the laws, rules, regulations, and orders of the state or local jurisdiction governing the use of public funds available for law enforcement purposes. The following expenses are pre-approved as permissible uses of shared funds and property.

a) Activities Calculated to Enhance Future Investigations. The support of
investigations and operations that may result in further seizures and
forfeitures, e.g., payment of overtime for officers and investigators; purchase of information; “buy,” “flash,” or reward money; and the purchase of evidence.
b) Law Enforcement Training. The training of investigators, prosecutors, and law enforcement support personnel in any area that is necessary to perform official law enforcement duties. Some examples of such training are:
(1) asset forfeiture in general (statutory requirements, policies, procedures, case law);
(2) the Fourth Amendment (search and seizure, probable cause, drafting
affidavits, 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 lien
holders);
(6) this Guide; and
(7) use of computers or other equipment used in or in support of law enforcement duties.
Payments for college tuition, hospitality suites at conferences, and other indirect training expenses are not allowed.
c) Law Enforcement Equipment and Operations. The purchase or lease of
body 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 for task force and undercover operations, and leasing or purchase of other types of equipment that support law enforcement activities. Forensic labs and equipment 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 recipient
agency.
e) Law Enforcement Facilities and Equipment. The costs associated with
basic and necessary facilities, their construction, updating, remodeling,
furniture, safes, file cabinets, telecommunications equipment, etc., that are
necessary to perform official law enforcement duties.
f) Awards and Memorials. The cost of plaques and certificates for law
enforcement personnel to recognize a law enforcement achievement, activity, or the completion of law enforcement training. Shared funds may also be used to pay for modest commemorative plaques, displays, or memorials to honor officers killed in the line of duty. The cost of these awards or commemorations shall not create the appearance of extravagance or impropriety. Shared funds may not be used to pay cash awards.
g) Drug Education and Awareness Programs. The costs associated with
conducting drug education and awareness programs by law enforcement
agencies. Such costs include meeting and entertainment costs, costs of anti drug abuse literature, travel expenses, and salaries for officers working in a drug education program.
h) Matching Funds.
To pay a state or local law enforcement agency’s matching contribution or share in a federal grant program, provided that the grant funds are used for a permissible law enforcement purpose in accordance with this Guide.
i) Pro Rata Funding.
The costs associated with supporting multi-agency items or facilities. For example: a town purchases a new computerized payroll system; the police department payroll represents twenty percent of the total use of the payroll system. The police department may use shared money to fund its pro rata share (twenty percent ) of the operating and maintenance expenses 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 pay an outside accounting firm to perform an audit is permissible.
k) Salaries.
Many of the costs of the activities described above could entail the
payment of salaries of the personnel involved. However, equitable sharing
monies generally may not be used to pay the salaries and benefits of
current, permanent law enforcement personnel, except as permitted
under this section. Due to the extreme sensitivity of asset forfeiture work,
the payment of salaries of sworn law enforcement officers is limited to the
following categories:
Ø Overtime for officers and investigators.
Ø The first year’s salaries for new law enforcement positions that supplement the current workforce.
Ø Salaries or contractual appointments that do not exceed one year.
Ø Salaries of officers assigned to specific approved specialized programs,
which do not generally involve traditional law enforcement functions. An
example is the DARE program.
Ø When authorized by law, federal grant programs such as the Community
Oriented Policing Services (COPS) program established by the Violent
Crime Control and Law Enforcement Act of 1994, expressly permit state
and local law enforcement agencies to use equitably shared asset forfeiture
funds to meet the local match requirements of that program.
Ø When a law enforcement agency assigns an officer to a task force for a
period of at least one year, or the life of the task force, and hires a new law
enforcement officer to replace the officer so assigned, the agency may use
equitably shared funds to pay the salary and benefits of the replacement
officers for the life of the task force and up to six months after the task
force has disbanded. The principal duty of the replacement officer should
not involve the seizure of assets or narcotics law enforcement.
The above expenses are not meant to be all-inclusive and other expenses may be permissible. Guidance from the Treasury Executive Office for Asset
Forfeiture should be sought for any proposed use of shared cash or proceeds that could be questioned as to its law enforcement purpose.
Note: The fact that the shared property was forfeited as a result of a particular federal violation does not limit its use. For example, when an agency receives a share of property that was forfeited for a federal drug
violation, the shared property does not have to be used in a department’s
drug program. Priority consideration should be given, however, to
completely equipping units that generate forfeitures in order to foster
future forfeiture investigations.
· Impermissible Uses:
a) Payment of Salaries for Existing Positions. The payment of salaries for
current permanent law enforcement personnel is not permitted, except as
indicated in item “k” in the section under Permissible Uses.
b) Uses of Forfeited Property by Non-Law Enforcement Personnel. Use of a
shared vehicle or other forfeited tangible property by non-law enforcement
personnel for non-law enforcement business.
c) Payment of Non-Law Enforcement Expenses. Shared funds may be used
to pay the expenses for drug testing of law enforcement personnel, but may
not be used for the testing of all municipal employees.

Shared funds may not be used for scholarships or financial aid, except for law enforcement personnel pursuing training that is necessary to the performance of their official duties.
d) Uses Not Specified in the TD F 92-22.46. Requesting state and local
agencies 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 Office for 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. Shared
funds and property may not be used for any purpose that would constitute an improper use of state or local law enforcement funds or property under the laws, rules, regulations, and orders of the state or local jurisdiction of which the agency is a part.
f) Non-Official Government Use of Shared Assets. Any use that creates the
appearance that shared funds are being used for political or personal purposes is not permitted. For example, the use of shared funds for a sheriff’s campaign paraphernalia is impermissible. The use of shared funds to settle a lawsuit is not a permissible use.
g) Purchase of Food and Beverages. Shared funds generally may not be used to pay for food and beverages (alcoholic or non-alcoholic) for consumption by law enforcement personnel or their guests, except for the limited circumstances noted herein. Shared funds may be used to purchase food and beverages when such food and beverages are provided as part of a
“conference package,” e.g., a hotel provides complimentary coffee and danish with 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 local law or rules governing reimbursement of expenses permit officers to be reimbursed for such expenses, e.g., meals purchased while an officer is on official travel, attending a training conference, or engaged in a disaster
operation, 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 of
extravagance, waste, or impropriety. The payment of personal credit card
bills, the purchase of meals (except personal meals incurred during official
law enforcement travel), alcoholic beverages and other such expenditures are impermissible.

TRSP Review:
I will review the red in the next post.