1. Asset Forfeiture Overview
Narcotics &
Asset Forfeiture Overview
Public Safety Committee
April 24, 2017
Gilberto Garza, Deputy Chief
Dallas Police Department
City of Dallas
Introduction
Good Morning
Gil Garza, Division Commander of the Dallas Police Narcotics Division.
Here to provide you an update of all the good work that has been accomplished in the Narcotics Division.
And late in this presentation, going to review Seizures and Asset Forfeiture

2. Presentation Overview
To provide an overview of the Dallas Police Narcotics Division
To provide an overview of drug enforcement activity
To provide information on current initiative and operational impact
To review the Dallas Police Department’s seizures
It has been sometime since we have presented to the public safety committee regarding the Narcotics Division
So I wanted to start off with a quick overview of the Organization of this work group.
We wanted to present our activity
Also wanted to provide information on our operational impact over the past few years
We will look at our current initiatives moving forward for 2017 and beyond.
The we will end this presentation with a look at seizures and asset forfeiture
Public Safety

3. Division Organization
140 Officers currently assigned to the Division
Conduct operations to combat illegal drug, prostitution, gambling and alcohol offenses
Detectives work in street level, mid-level and task force units
Staffing includes uniformed enforcement, an administrative squad, technical Squad and the Vice unit
At this time, the Narcotics Division has approximately 140 Officers assigned in various capacities to include not only Narcotic related workgroups but the Vice Unit as well.
The majority of the work is conducted in investigations , combating the illegal drug trade, prostitution, gambling and alcohol related offenses.
Personnel are assigned at the Street – Level (where the majority of our complaints are generated - drug houses, street corner sales and violent crime nexuses), Mid- Level (where assigned detectives work to locate sources and local distributors and anything that would require more attention) and our Federal Task Forces where our personnel are assigned to work with our Federal Partners (DEA, FBI and HIDTA (High Intensity Drug Trafficking Areas) where the focus is on locating the smuggling, transportation and distribution of illegal drugs on the National level. Many regional agencies are involved in this endeavor).
Our staffing in the Narcotics Division includes a Uniformed Enforcement group that performs our Knock & Talks and vetting of our complaints, Administrative and Technical Squads.
Add that our Vice Unit works all of our Prostitution, Gambling and Alcohol complaints and oversee the licensing of clubs and dance halls.
Public Safety

4. Drug Complaints Received
2014
2015
2016
Complaints Received
2242
2141
2119
In April 2016, Narcotic/Vice open complaints totaled 1929
Violent crime involving narcotic related offenses was on the rise
Over the last few years, we have consistently received an average of 2100 narcotic and vice related complaints.
Complaints come in various ways: to a patrol division, our communications center, social media, I-Watch, the public information office, crime stoppers, City Hall or directly to us.
Every complaint is vetted and they are assigned and worked. This work requires time to develop the probable cause to acquire search warrants and make arrests.
In April of 2016 open complaints needing to be worked or closed-out numbered This occurred for a variety of reasons: not enough evidence to verify complaints, duplicate complaints, roll over from previous year, personnel no longer assigned to narcotics, etc.
We were experiencing a rise in violent crimes involving narcotic related offenses and personnel was being shifted to patrol
Public Safety

5. 2016 Initiatives
Violent Crime Task Force (VCTF) – Narcotic Street Squads were assigned to this task force with other units whose focus was violent crime reduction in the top 7 TAAGs in the City
Drug House Task Force (DHTF) – Collaboration of Detectives from several Narcotic Units and Vice directed to assess the complaints, work or close investigations
At that time, two initiatives were put in place to combat this rise in violent crime and address the large volume of complaints that needed to be worked and closed.
The first involved our Street Squads being assigned to the Violent Crime Task Force with other departmental units to focus on the top 7 TAAGs (Target Area Action Grids) in the city where the majority of violent crime was occurring.
The second was the Drug House Task Force – which involved several Narcotic Units and Vice - that was put together shortly thereafter to work on the large volume of open complaints.
Public Safety

6. Narcotics Division Activity
Operations
2014
2015
2016
Arrests
724
930
932
797
831
917
Weapons Seized
325
375
457
Currency Seized
$2,027,600
$12,293,136*
$4,915,422
*In 2015 several large seizures were made as a result of federal task force investigations.
As you can see in this generated activity slide, the work conducted by the assigned personnel proved to be significant, even with the reduced staffing. They rose to the challenge.
Our arrests, operations and seizures increased.
We have an asterisk on the currency seizures for 2015 as a result of a few large operations with our Federal Task Forces in that year.
Public Safety

7. Methamphetamine (grams)
Narcotics Division Drug Seizures
Drug Type
2015
2016
Marijuana (lbs.)
1,086
2,324
Cocaine (grams)
108,673
41,634
Heroin (grams)
23,695
44,639
Methamphetamine (grams)
765,643
871,729
The same occurred in our drug seizures with the exception of cocaine.
Marijuana and Heroin doubled.
Meth is big in North Texas.
It’s lot less expensive to create and it makes the drug trafficking organizations more money
Wanted to add,
As a result of the great work conducted by the Drug House Task Force, the number of open complaints needing to be worked and closed has been reduced to just under 500.
41,634 grams = 91.8 lbs
44,639 grams = 98.4 lbs
871,729 grams = 1,921 lbs
Public Safety

8. 2017 Initiatives Further reduction of narcotic complaints
Community engagement forums in each patrol division – focus on narcotic education, reporting and complaint intake
Nuisance abatement properties with Community Prosecution – focus on multiple complaint locations
Strategic operations of Narcotics Division resources
So our NEXT STEPS beginning in 2017 include the following:
We are going to work to continue to the reduce the complaints that we receive, vet them expeditiously and collaborate with the patrol divisions to assist us at some of the initial work up.
We are going to initiate Community Engagement Forums in each patrol division to focus on reporting and complaint intake. We will be rolling out our complaint form, placing it online to receive them directly from both the citizens and our patrol divisions making the process easier. It will assist us in getting more information to properly work each complaint received. ***We get a lot of complaints that come in as male with red shirt and black hat at the corner of so and so selling drugs.***
We began this with Community Engagement Forum that occurred in Northeast Division. We look to expand this in all of the patrol divisions.
We are working with our Community Prosecution office to look at Nuisance abatement properties focusing on multiple complaint locations. Community Prosecution has increased their staffing to take this on.
Lastly, we are strategically conducting operations in every Patrol Division focusing on their top crime locations – especially violent crimes - to drive it down.
Public Safety

9. Asset Forfeiture
Transition Slide into Asset Forfeiture

10. Asset Forfeiture Overview
Asset Forfeiture (AF) is a powerful tool used by law enforcement agencies against criminals and criminal organizations to deprive them of their ill-gotten gains through seizure of these assets
AF has ancient roots but evolved dramatically in the U.S. during the Reagan Administration assisting law enforcement agencies fighting the war on drugs
In the City Council meeting at the end of March, the topic of Asset Forfeiture was brought about due to the literature regarding the City of Dallas’s Congressional Federal Legislative program request to continue to urge Congress to support the Asset Forfeiture program.
There was some confusion as to how we participate in Asset Forfeiture program so what we wanted to do was give some clarity to this.
We wanted to start off by explaining that AF is a very powerful tool used by Law Enforcement agencies all over the US against criminals and criminal organizations to deprive them of their ill-gotten gains through the seizure of these assets.
Read the rest…THEN Go into the next part
Up to this point in the first part of this presentation, we have been discussing seizures. Just so that we are all on the same page, it is important to recognize the difference between seizures – WHAT WE DO - and forfeitures (what we are discussing now).
Public Safety

11. Asset Forfeiture Overview, Cont.
Today it is used to disrupt, dismantle, and deter those who prey on the vulnerable for financial gain, including criminal organizations, drug dealers, terrorist, and white-collar criminals
AF is authorized under Federal Law (18 USC, 19 USC, 21USC) and Texas Law (CCP – Chapter 59)
In the City Council meeting at the end of March, the topic of Asset Forfeiture was brought about due to the literature regarding the City of Dallas’s Congressional Federal Legislative program request to continue to urge Congress to support the Asset Forfeiture program.
There was some confusion as to how we participate in Asset Forfeiture program so what we wanted to do was give some clarity to this.
We wanted to start off by explaining that AF is a very powerful tool used by Law Enforcement agencies all over the US against criminals and criminal organizations to deprive them of their ill-gotten gains through the seizure of these assets.
Read the rest…THEN Go into the next part
Up to this point in the first part of this presentation, we have been discussing seizures. Just so that we are all on the same page, it is important to recognize the difference between seizures – WHAT WE DO - and forfeitures (what we are discussing now).
Public Safety

12. Seizures
The Dallas Police Department’s role in asset forfeiture is only in seizures
The Federal and State attorneys decide which cases they will adjudicate and which they will not
Last Point:
DPD receive notification from the respective government attorneys office when an award is made to us as a result of cases involving seizure (WE MAKE)
Before we proceed any further, I want to emphasize that the Dallas Police Department’s role in asset forfeiture is only in SEIZURES!
READ SLIDE from here
Public Safety

13. Seizures, Cont.
Due process is afforded to any person making claim to the property that was seized within the respective governmental process if they choose to participate
DPD receives notification from the respective government attorneys office when an award is made to us as a result of cases involving seizures
Last Point:
DPD receive notification from the respective government attorneys office when an award is made to us as a result of cases involving seizure (WE MAKE)
Before we proceed any further, I want to emphasize that the Dallas Police Department’s role in asset forfeiture is only in SEIZURES!
READ SLIDE from here
Public Safety

14. Seizures, Cont.
Seizure: the forcible taking of property by government law enforcement from a person who is suspected of violating, or is known to have violated the law. The property seized is potential evidence in a criminal case
Judge determines probable cause pursuant to a sworn application for a search warrant
Otherwise probable cause is found by an officer pursuant to an exception of the warrant requirement
In either instance, the law requires that there be probable cause linking the asset directly to criminal activity
So just to make sure we are on the same page, we wanted to provide a look at what seizures are and how we go about making them on our end before they go into the Forfeiture process with the Federal or State governments
READ – Seizures
The probable cause requirement is a core tenet of our legal system
It is the same standard applicable to placing an individual under arrest
Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest.
While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.
For example, we develop the probable cause needed to obtain a search warrant and take down a dope house. We just can’t base it on a complaint we receive, we have to verify it, make buys from the location, conduct surveillance.
Public Safety

15. All seizures made by the Dallas Police Department are completely in compliance with State and Federal laws
MAIN POINT!
Usually are based on a criminal offense.
Predicate is the act of basing something – a decision, action, or promise, perhaps – upon something else.
Probable cause is the legal standard by which a police officer has the right to make an arrest, conduct a personal or property search, or obtain a warrant for arrest.
While many factors contribute to a police officer’s level of authority in a given situation, probable cause requires facts or evidence that would lead a reasonable person to believe that a suspect has committed a crime.
For example, we develop the probable cause needed to obtain a search warrant and take down a dope house. We just can’t base it on a complaint we receive, we have to verify it, make buys from the location, conduct surveillance.
Previous version…
All seizures made by the Dallas Police Department (Federal & State) must be based on a criminal predicate with probable cause
Public Safety

16. Narcotic Division’s Seizures
The Dallas Police Department utilizes both federal and state laws depending on which enforcement group develops a case
Dallas Police federal task force officer cases involving seizures are adopted by the federal agencies they are assigned to
Dallas Police detective cases involving seizures are filed under the State of Texas Code of Criminal Procedure
Just to show how cases made by the Dallas Police Department are processed: We utilize both federal and state laws depending on which enforcement group develops a case
When we described our Narcotics organization in the beginning of this presentation, we explained that we have officers assigned to task forces with our federal partners. We describe that work group as our Upper Level Unit.
Seizures made in cases those task force officers are assigned to and have developed with our federal partners are adopted by those federal agencies. Those cases where asset forfeiture is sought are adjudicated in the federal system.
Cases where seizures made by our Street-level and Mid-Level Units are filed with the District Attorney’s office and proceed through the State’s AF program
Public Safety

17. Equitable Sharing Program
The Dallas Police Department participates in the Federal government equitable sharing program
Proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities.
Once cases are processed in the Federal or State programs, we are contacted regarding what we are to be awarded.
On the Federal Side, this is called the Equitable Sharing Program
READ Slide…
The Justice Department had suspended payments under this program in December, due to budget cuts included in last year's spending bill.
Public Safety

18. Equitable Sharing Program, Cont.
A 1984 law set up the arrangement in which state and local police can share the seizures with federal agents
The City of Dallas urged Congress in 2016 to continue the program after it was suspended
Once cases are processed in the Federal or State programs, we are contacted regarding what we are to be awarded.
On the Federal Side, this is called the Equitable Sharing Program
READ Slide…
The Justice Department had suspended payments under this program in December, due to budget cuts included in last year's spending bill.
Public Safety

19. Confiscated Funds Accounts
State Confiscated Fund
Follow the State of Texas Chapter 59 Forfeiture Code
City holds seized money in an escrow account until :
It is determined there is not enough evidence to file the case, so the money is returned
A ruling is made in Court and the City transfers funds to the State Confiscated fund per the Court ruling
Federal Confiscated Fund
Follow Equitable Sharing Rules and Regulations
The Federal Government holds the seized money until a determination is made in court; and sends the City a check
Donzell
Public Safety

20. What Does it Fund? Confiscated money funds:
Covert Operations for Vice and Narcotics
Reoccurring TAAG Costs
Fusion Center
Equipment expenses (i.e. Taser Purchase)
Overtime
Southwestern Institute of Forensic Sciences Contract
Donzell
Public Safety

21. 10-Year Confiscated Fund History
Donzell
Public Safety

22. Summary
Funds awarded are used to supplement, NOT supplant government budgets
All seizure cases are reviewed by the prosecutors before being filed for asset forfeiture
READ SLIDE
Public Safety

23. Summary, Cont.
Government must notify owners or potential owners of the seized property and process to make claim
The seized property or currency cannot be used until due process has been afforded and it has been officially awarded
READ SLIDE
Public Safety

24. Conclusion
Asset Forfeiture is a vital tool used to combat criminal activity
Asset Forfeiture takes the profit out of criminal activity
Dallas Police Department is completely in compliance with state and federal laws
Asset forfeiture law is constantly under review by Federal and State legislature
Public Safety

25. Asset Forfeiture Overview
Narcotics &
Asset Forfeiture Overview
Public Safety Committee
April 24, 2017
Gilberto Garza, Deputy Chief
Dallas Police Department
City of Dallas
Introduction
Good Morning
Gil Garza, Division Commander of the Dallas Police Narcotics Division.
Here to provide you an update of all the good work that has been accomplished in the Narcotics Division.
And late in this presentation, going to review Seizures and Asset Forfeiture