File #: Res 0064-2006    Version: * Name: Federal Assets Forfeiture Fund
Type: Resolution Status: Filed
Committee: Committee on Public Safety
On agenda: 2/15/2006
Enactment date: Law number:
Title: Resolution calling upon the City of New York to set aside fifteen percent of the monies received from the Federal Assets Forfeiture Fund to support anti-crime programs of community- based organizations as allowed by the “permissible pass-through” regulation of the United States Department of Justice.
Sponsors: Helen D. Foster, Melissa Mark-Viverito, Rosie Mendez, Michael C. Nelson, Domenic M. Recchia, Jr., James Sanders, Jr., Kendall Stewart
Council Member Sponsors: 7

Res. No. 64

 

Resolution calling upon the City of New York to set aside fifteen percent of the monies received from the Federal Assets Forfeiture Fund to support anti-crime programs of community- based organizations as allowed by the “permissible pass-through” regulation of the United States Department of Justice.

 

By Council Members Foster, Mark-Viverito, Mendez, Nelson, Recchia Jr., Sanders Jr. and Stewart

 

                     Whereas, Pursuant to 21 U.S.C. §§ 881 (e)(1)(A) and (e)(3), 18 U.S.C. § 981 (e)(2) and 19 U.S.C. § 1616a, certain agencies of the Federal Government have established forfeiture programs whereby the forfeited assets of criminal defendants are shared with local law enforcement agencies; and

                     Whereas, The purpose of such programs is to deter crime by depriving criminals of the profits and proceeds of their illegal activities and to weaken criminal enterprises by removing the instrumentalities of crime; and

                     Whereas, The New York City Police Department (‘NYPD”) receives an equitable share of these funds by joining in a federal investigation or by the application of federal forfeiture laws to properties already seized by the NYPD; and

                     Whereas, The regulations of the United States Department of Justice  (“USDOJ”) and its agencies were amended in 1994 to permit local law enforcement agencies, at their discretion, to transfer fifteen percent (15%) of their shared assets to a governmental agency to support drug abuse treatment, drug and crime prevention and education, housing and job skills programs, or other community-based programs; and

                     Whereas, Such governmental agencies, in turn, transfer any monies so received to private, non-profit community organizations to be spent for such purposes; and

                     Whereas, In circumstances defined in USDOJ regulations as “windfall situations,” the amount transferred may be greater than fifteen percent; and

                     Whereas, According to statistics from the Comptroller’s Office, the New York City Police Department has received millions of dollars over the years from asset forfeiture; and

                     Whereas, Some years ago, the City of Chicago Police Department worked toward setting aside approximately 15% of its asset forfeiture money received from Department of Justice enforcement activities and allocating it to the Chicago Department of Health, which in turn allotted the funds to programs that combat drug and alcohol abuse; and

                     Whereas, The NYPD can further assist in improving the quality of life in the City by setting aside a percentage of the federal asset forfeiture funds it receives to go toward crime prevention, job training and development, housing, and other community-based programs; now, therefore, be it

                     Resolved, That the Council calls upon the City of New York to set aside fifteen percent of the monies received from the Federal Assets Forfeiture Fund to support anti-crime programs of community-based organizations as allowed by the “permissible pass through” regulation of the United States Department of Justice.

 

TB

Res 31/2004