Applicable To:  All employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed: 12/9/208

1.               PURPOSE

To establish a policy and procedures for the Financial Investigations Squad (FIS).

2.               POLICY

The Atlanta Police Department will seize criminal assets by maximizing the use of the forfeiture provisions in accordance with federal, state and municipal laws (e.g., bank accounts, real estate, investment holdings etc.).

3.               RESPONSIBILITIES

3.1              The Financial Investigations Squad supervisor is responsible for the implementation of this directive within the Squad.

3.2              Employees will be responsible for adhering to the guidelines set forth in this directive.

4.               ACTION

4.1              The Financial Investigations Squad will coordinate and administer the Atlanta Police Department's asset forfeiture effort and will have sole authority and responsibility to prepare forfeiture actions at the federal, state and municipal level.

4.1.1           The FIS will assist all Department units in the assessment and seizure of assets and proceeds belonging to violators of federal, state, and municipal money laundering cases (i.e., RICO, the Georgia Controlled Substances Act or any other drug laws).

4.1.2           The FIS will assist all Department units in the assessment and forfeiture of property belonging to violators of mortgage fraud statutes and other theft law violations.

4.1.3           The FIS will establish and maintain a tracking system for asset seizure cases that involve joint investigations with federal and state agencies to maintain a detailed account of proceeds-sharing privileges as granted by law.

4.1.4           The Training Unit and FIS will provide asset forfeiture training to Department investigators (e.g., asset seizure laws, practices, procedures, and removal techniques).

4.1.5           FIS will participate with the serving of warrants, where large amounts of money are anticipated, to assist with the seizure of assets.  Officers should notify FIS in advance of the need for assistance.

4.1.6           Investigators and officers will include provisions for the seizure of assets and related documents in their search warrants.

4.2              Reporting Requirements

4.2.1           During regular business hours, employees of the Atlanta Police Department shall notify the FIS of situations involving one of the following:

1.    A street seizure of cash in the amount of $2000.00 or greater;

2.    Execution of any search warrant where cash in the amount of $5000.00 or greater is encountered during the search;

3.    A search warrant is executed and substantial bank deposits or other unusual financial or real estate holdings belonging to the target of the investigation are found;

4.    A search warrant is executed for a private residence (i.e., privately-owned house, condominium, etc.) and the investigation indicates the residence is being used for drug trafficking or drug related activities;

4.2.2           During non-business hours, the on-call FIS officer will be notified via the Communications Section.

4.2.3           Whenever cash, vehicles, or other property is seized as a result of the participation by members of the Atlanta Police Department in any joint investigative effort with a federal, state, or local agency, regardless of the level of participation, the APD investigator assigned will notify the FIS no later than the first business day following the seizure of the property.  Copies of all property records, investigative reports, and any other documents that would facilitate the filing of

                  Department of Justice form DAG-71 will be forwarded to the FIS by the investigator.

4.2.4           When drug related cash is turned in at Property Control Unit, the property clerk will notify the FIS. 

4.3              Vehicle Forfeiture in Narcotics Cases

4.3.1           The FIS investigator will:

1.    Determine whether the suspect owns the vehicle.  If not, identify the registered owner or titleholder by name, address, and telephone number if possible.    

2.    Do not seize a motor vehicle for purpose of forfeiture if:

a.    It is a common carrier and the owner is not consenting or a conspirator to the felony;

b.    The owner does not have knowledge of the offense or has not given consent;                        

c.    It is a stolen motor vehicle;

d.    It is a leased vehicle.                       

3.    Consider the type, condition, and approximate value of the seized motor vehicle, in determining whether it is reasonable to pursue a forfeiture action.

4.    Ensure that the proper administrative hold is placed on the seized vehicle.

5.    Identify any lien holder or other party having financial or equity interest in the vehicle.

6.    Complete a vehicle assessment sheet with the assistance of motor transport mechanics.  The vehicle assessment sheet will reflect the date seized, year, make, model, color, tag number, VIN, and storage location of the vehicle.  This sheet will also reflect the condition of the vehicle's interior and exterior as well as any options on the vehicle.  The completed vehicle assessment sheet will be placed in the Vehicle Case File.

7.    Have the vehicle photographed.

8.    Prepare the request for condemnation and forward it to:

a.    the Fulton County or Dekalb County District Attorney's Office (for seizure under State law) within twenty days of seizure, or

b.    the U.S. Attorney’s Office (for seizure under Federal law) within twenty days of seizure, or

c.    the Drug Enforcement Agency (DEA) (for seizure under Federal law) within thirty days of seizure.

d.    Gambling cases must be forwarded within ten days of seizure.

9.    Coordinate the forfeiture process with the District Attorney or DEA.

 

10.  Notify the Support Services Division (SSD) commander upon receipt of the condemnation order and forward a certified copy of the judgment to him/her.

11.  Forward court ordered releases to the SSD commander, who will then authorize the release by Division personnel.

12.  All property acquired through the asset forfeiture proceedings by the Department through the civil process are accounted for in Departmental records and is disposed of pursuant to O.C.G.A. 40-11-23.  (CALEA 5^th ed. standard 84.1.8).

4.4              Real Property Forfeiture in Narcotics Cases

4.4.1           Real property may be forfeited when there are three or more incidents at the same address within a twelve month period in which narcotics or controlled substances are recovered or search warrants are served that result in the seizure of narcotics or controlled substances.

1.    The narcotics or controlled substances must be seized on or inside the property.

2.    Any amount of narcotics or controlled substances are sufficient for the purposes of the forfeiture process.

4.4.2           The FIS investigator will:

1.    Identify the owner of the real property by name, address and telephone number, if possible.

2.    Provide the owner with notice that illegal drug activity is occurring at the property and issue a cease and desist letter to the owner.  The cease and desist letter will allow the owner thirty days to comply and rectify the situation.

3.    Prepare the request for condemnation and forward it to:

a.    the Fulton County or Dekalb County District Attorney's Office (for seizure under State law) within twenty days of seizure, or

b.    the U.S. Attorney’s Office (for seizure under Federal law) within twenty days of seizure, or

c.    the Drug Enforcement Agency (DEA) (for seizure under Federal law) within thirty days of seizure.

d.    Gambling cases must be forwarded within ten days of seizure.

4.    Coordinate the forfeiture process with the District Attorney or DEA.

 

5.    Notify the Support Services Division (SSD) commander upon receipt of the condemnation order and forward a certified copy of the judgment to him/her.

6.    Forward court ordered releases to the SSD commander, who will then authorize the release by Division personnel.

7.    All property acquired through the asset forfeiture proceedings by the Department through the civil process are accounted for in Departmental records and is disposed of pursuant to O.C.G.A. 40-11-23.  (CALEA 5^th ed. standard 84.1.8).

5.               DEFINITIONS

5.1              Seizure of motor vehicle:  Pursuant to suspected criminal acts, any taking of control over a vehicle by a law enforcement officer or agency.

5.2              Forfeiture of motor vehicle: The procedure by which title to seized property is transferred to the seizing agency.  Forfeiture can be obtained through a final order of the court having jurisdiction over the seized property, or through negotiated settlements with those persons having a legal interest in the seized property.
 

6.               CANCELLATIONS

                  APD.SOP.5080 “Financial Investigations Unit”, effective January 2, 2006

7.               REFERENCES

                  Title 21, U.S.C., 881(Controlled Substances Act).

                  Official Code of Georgia Annotated, Sections 16-13-49, 16-8-106 and 16-16-2.

                  City of Atlanta Records Management Program (1998).

                  Managing Public Records, Common Records Retention Schedules for Municipal Governments (1984).

                  Georgia Department of Archives and History, Retention Schedules for Local Government Records. (May 2003).

Commission on Accreditation for Law Enforcement Agencies 5^th Edition Standard 84.1.8