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Applicable To:  All employees

Approval Authority:  Chief Richard J. Pennington

Signature:  Signed by RJP

Date Signed:  6/15/2004

1.               PURPOSE

To establish guidelines for releasing and holding currency and personal property seized as a result of illegal narcotics and gambling involvement.        

2.               POLICY

The Atlanta Police Department's Financial Investigations Unit will investigate all cases involving the seizure of monies and personal property involved in illegal drug and gambling activities.   All cases that meet state and federal guidelines for seizure will be processed through the Financial Investigations Unit.

3.               RESPONSIBILITIES

3.1              Division and section commanders will ensure that this directive is adhered to in their respective command.

3.2              Sworn employees will turn in all monies and personal property subject to seizure by the Financial Investigation Unit to the Property Control Unit.

3.3              The Property Control Unit will receive, secure, maintain, release and dispose of property seized as evidence and property held for safekeeping.

1.    The Property Control Unit will ensure that a “hold” is placed on all currency, and personal items confiscated during an arrest for illegal narcotics activity.

2.    The Property Control Unit's Assets Forfeiture Coordinator will create files for all forfeiture cases by names and complaint numbers.

3.4              The Criminal Investigations Division commander will ensure that all items seized meeting state and federal forfeiture guidelines are processed in a timely manner and those items seized that do not meet state or federal guidelines are released.

3.5              The Central Records Unit will ensure that a copy of all drug related incident reports involving seized currency, and/or personal property is forwarded to the Financial Investigations Unit within three days of the incident.

 

4.               ACTION

4.1              Sworn employees will turn in all monies and personal property subject to seizure to the Property Control Unit.  They will place a "Hold" for FIU on items or on impound vehicle reports. They will attach a copy of the police report and photo of all monies seized over $500.00 to the property/evidence report.

4.2              Property Control Unit

4.2.1           Property Control will create a file for each currency case in which FIU advises that it will “Hold” or “Release”.  The file will contain the “HOLD or RELEASE” memorandum, a printout from the property/evidence data base of the confiscated monies or property, and a copy of the condemnation request form and/or when applicable, a final order of forfeiture/default judgment from Superior Court.

4.2.2           Property Control will give FIU a receipt for all “HOLD or RELEASE” memoranda, copies of condemnation requests, and final orders of forfeiture that FIU submits to Property Control.  If Property Control does not have the proper documentation from FIU to hold drug monies after 20 days for State seizures and 60 days for Federal seizures, and gambling monies of $500.00 or more after 10 days, the Property Control Unit will release the currency and property (provided all other conditions of release have been satisfied).  The Financial Investigations Unit will be notified before any currency or property with a drug hold is released.

4.2.3           The Property Control Unit will hold copies of reports submitted by confiscating officer for FIU pick up each working day.  This will serve as notification that the monies or property has been processed.

4.2.4           The Property Control Unit will notify the Financial Investigations Unit within 24 hours after currency has been processed.

4.2.5           The Property Control Unit may place a sixty (60) day "Hold" after being directed by the Financial Investigation Unit on seizures forwarded to the Drug Enforcement Administration (DEA).

4.2.6           The receiving clerk will forward copies of the police reports and photograph submitted by sworn personnel to the Property Control Unit's Asset Forfeiture Coordinator.

4.2.7           The Property Control Unit will update the Property Control Unit's computer to indicate pending district attorney's actions and file copies of forfeiture action documents in the asset forfeiture pending case files. 

4.3              Financial Investigations Unit

4.3.1           The Financial Investigations Unit will pick up from Property Control each working day, copies of reports submitted by the reporting officer concerning confiscated money or property.  FIU will review all drug related incident reports to determine whether or not they meet state or federal guidelines. 

4.3.2           The Financial Investigations Unit will, within 20 days from the date of drug money seizures and 10 days of gambling money seizures, fax a memorandum to the Property Control Unit to  “Hold” or “Release” currency over $500.  The FIU will indicate in the memorandum, if applicable, whether the seizure is a State or Federal seizure (cases forwarded for state or Federal seizures can be held up to 60 days from seizure).

4.3.3           The Financial Investigation Unit will fax the Property Control Unit a copy of the condemnation request when the case is ready to be filed with the District Attorney's office or the U. S. Department of Justice.    

4.3.4           The Financial Investigations Unit will, within 3 days after receiving the court's final disposition, fax a copy of the final order of forfeiture/default judgment from the "Courts of Jurisdiction" to Property Control Unit.

4.4              Release of Currency Holds.

4.4.1           All monies being held pending court actions will not be released without a court order from the Court of Jurisdiction.

4.4.2           Monies being held as evidence and being released by the Financial Investigations Unit must also be released by the seizing officer or the officer's supervisor. 

4.4.3           All monies being held pending ten (10), twenty (20) or sixty (60) days "Holds" will be subject to release if the forfeiture action was not filed within the time period required by law.

4.4.4           The Property Control Unit accountant or designee will disburse funds in accordance with court orders.  Copies of the final order of forfeiture/default judgment and records of disbursements will be maintained in the forfeiture action case file.

4.4.5           A Property Control Unit supervisor will review all releases of seized funds and will ensure that releases follow guidelines within this policy.

4.4.6           A Property Control Unit supervisor will approve all disbursements of funds and will sign all checks in accordance with guidelines set forth in APD.SOP.6061 “Reporting Revenue”.

5.               DEFINITIONS

5.1              Court of Jurisdiction: The court having jurisdiction in the county where the seizure was made.

5.2              Hold: Process for denying the release of currency, personal property or vehicles without written notification from the Financial Investigation Unit.

6.               CANCELLATIONS

APD.SOP.4.48 “Holding Currency and Personal Property”
     

7.               REFERENCES

APD.SOP.6030 “Property and Evidence Control”

APD.SOP.5080 “Financial Investigations Unit”

Georgia Criminal Code 17-5-54