Municipality seeks ownership of seized cash

WEST VANCOUVER will appeal a B.C. Supreme Court decision made in a proceeds-of-crime case involving the police seizure two years ago of $287,245 in U.S. funds.

Said West Vancouver Mayor Mark Sager, ‘“We haven't as of yet been successful, and certainly as a community we feel that there should be some sharing of those

On Jan. 18, 1990, Neal Brock was driving a 1978 Ford Ranchero when he was stopped by a West Vancouver Police officer for speeding.

Brock initially gave a false

‘“-mame. At the time Brock produc- ed vehicle registration papers showing the owner of the car to be a Kelowna man.

The investigating officer suspected that the vehicle was

By Michee! Becker News Reporter

stolen and arrested Brock. The police later determined that Brock was the car’s owner.

A subsequent police search of the Ranchero revealed a plastic bag placed in a compartment behind the driver’s seat.

The bag was stuffed with $287,245 in bundles of American $100 and $50 bills; $285,000 of the bills were uncirculated and consecutively numbered $100 and $50 bills.

Local police applaud crime proceeds plan Funds could combat drug wars

LOCAL POLICE are welcoming an announcement made Monday by federal Solicitor General Doug Lewis that the proceeds of crime from drug-trafficking in federally pro- secuted drug cases will be shared with municipalities.

The federal government has seized more than $60 miltion worth of drug money since 1989. The money has traditionally gone into the federal general revenue account, -

While a formula for splitting proceeds of crime between agen- cies has yet. to be determined, Lewis told an audience. gathered Monday in Victoria at the annual

‘ gonvention of the Canadian Association of Chiefs of Police that the share would recognize the

: investigative input of local police . drug units,

Said North Vancouver RCMP Insp. Peter Wlodarczak, ““They’ve been doing it in the States for a long time.

*“Whatever they seize they sell it ‘and use the money to further their . . own ‘investigative needs, the

’” season being is that the drug trade

WV Mayor Mark Sager... good news for local communities.

- is very lucrative and they have -some pretty high-priced equip- ment, and they (American police) recover lots of funds.

-“What this would do is divert the funds to the authorities to combat the drug wars.

“In the States, for example, if .some drug lord owns a business, they take the Susiness over. They ’ run it, and they sell and try to get some money for it. Myself, [ think it’s an excellent idea, because it’s ill-gotten gains.

“7 think it will take a while to sort out the legalitias of the issue, but I know the federal govern-

ment is reaily concerned about -

it.””

Said West. Vancouver Mayor Mark Sager of the move to share proceeds-of-crime assets, ‘‘It will

By Michael Becker News Reporier

certainly be a major improvement and of assistance to local policing. It’s good news for local com- munities. particularly ours.’’

The Canada Drug Strategy has allotted $33 million to fund three joint police Anti-Drug Profiteer- ing (ADP) units to combat drug trafficking and money laundering operations.

Federal authorities =e

66 Whatever they seize they sell it and use the money to Surther their own investigative needs, the reason being... that the drug trade is very lucrative. 99

— NV RCMP insp. Peter Wiodarczak

anticipate

recovering much of the cost of running the units through seizures of crime profits.

Since the RCMP ADP program was set up in 1981, the police have

’ seized about $147 million in drug - cash and assets.

In 1990, the police seized $47.1 million in cash and asscts.

During the first six months of 1991, a further $9.7 million had been seized through the program.

Department of Justice lawyers, police and forensic accounting ex- perts work together to enforce proceeds-of-crime laws.

But the recently-released RCMP National Drug Intelligence Estimate 1991 notes that ‘‘the complexity and. iength of money- laundering investigations could strain existing resources and have a negative impact on the growth of cash and asset seizures.”

The Proceeds of Crime Act (money laundering) was adopted by the Canadian Parliament last

year.

Similar legislation in the United States is used aggressively. The proceeds of seized assets fund the activities of police drug squads.

In the past, uncertainty in B.C. over which agency draws benefit from seized assets coupled with expenses involved in the investiga- tion and prosecution of cases resulted in an infrequent use of proceeds-of-crime legislation.

In a subsequent police inter- view, Brock did not lay claim to the hidden money.

On Jan. 19, 1990, the police turned the cash over to the RCMP Anti-Drug Profiteering unit.

On the same day, Brock and a lawyer claimed the money on behalf of a group of offshore in- vestors.

The lawyer said Brock’s earlier denial of ownership of the cash was a mistake.

An RCMP iavestigation found the money had been transferred several weeks earlier from the Bank of America in New York to a branch in Toronto.

Lab tests showed traces of co- caine on some of the bills.

During an investigation of a co- caine trafficking case, the police

Sunday, August 30, 1992 - North Shore News ~ 3

| WV to appeal proceeds-of-crime ruling

found that a suspect had attemp- ted to call Brock’s cellular tele- phone.

The gym membership card of another suspect was found to be in Brock’s possession at the time of his arrest by the West Van- couver Police.

On Jan. 30, 1990, a lawyer act- ing on behalf of Brock formally laid claim against the West Van- couver Police for the return of the seized cash.

On Feb. 7, 1990, Brock was found dead in a hotel room at the Westin Bayshore Hotel in Van- couver. He had died of a cocaine overdose.

Brock’s estate claimed the seiz- ed money, and the West Van- couver police force is attempting to claim the money as a finder.

But in his reasons for judgment in the case, Judge A.A.W. Mac- donell noted that there was ‘“‘little

doubt that the funds were the proceeds of crime.”

But RCMP investigators were unable to identify the money as proceeds of crime.

Macdonell found that if Brock was aware of the hidden money at the time he was stooped by police,

“it couid be presumed that he was

the owner of the money. .

Even if he was unaware of the money, given that it was conceal- ed in a car he owned, the judge ruled that Brock was ‘‘in de facto control and possession of the money and his right to title was superior to that of anyone other than the true owner.’”

The judge also found that Brock did not abandon the money when he initially denied ownership when questioned by police.

He ruled in favor of the estate of Brock for the return of the money.

NEWS photo Cindy Goodman

Driving deck IT LOOKS lke a trestle bridge curving off into the distance, but It’s actually the framework. for a new double-decker driving range under construction at the bottom of Apex Road off Mt.

Seymour Parkway.

Union leader criticizes govt |

for stalling on compensation

From page 1 assist up to 236 laid-off older workers at seven B.C. companies,

One of those companies is Yar- rows, where money wiil be made available to 149 laid-off workers over the age of 55.

MacPherson criticized both Vic- toria and Ottawa for not pro- viding the compensation package sooner.

44 They've disrupted the families of all these displaced workers and kept them waiting for such a long time, and they can’t be forgiven for that.9?

— union president George MacPherson

tervene to ease the hardship in-

“It’s a step above welfare. It’s- flicted on older, laid-off workers

money that should have been made availabfe a long time ago.

“They’ve disrupted the families of all these displaced workers and kept them waiting for such a long time, and they can’t be forgiven for that,’’ said MacPherson.

The announced funding is being made available under the joint federal-provincial Program for Older Worker Adjustment (POWA) and is designed to assist older workers: who have little chance of re-employment follow- ing a major permanent layoff.

“Canada is and has always been a prosperous nation. However, structural change is an inevitable part of economic growth, and the federal government should in-

who have little chance of re- employment,’? Justice Minister Kim Campbell said Thursday in making the announcement on behalf of federal Labor Minister Marcel Danis.

“POWA enables those who have worked ail their lives, but are - now unemployed through no fault of their own, to continue to con- - tribute to their communities,” said B.C. Advanced Education, Training and Technology Minister Tom Perry.

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