2018 Asset Forfeiture Report (Covers Jan. 1, 2017 through Dec. 31, 2017) Grants and Community Services Division Byrne JAG Section MICHIGAN STATE POLICE HEADQUARTERS ● 7150 HARRIS DRIVE ● DIMONDALE, MICHIGAN 48821 MAILING ADDRESS ● P.O. BOX 30634 ● LANSING, MICHIGAN 48909 www.michigan.gov/msp ● 517-332-2521 TABLE OF CONTENTS FOREWORD .................................................................................................................2 SCOPE OF THE REPORT............................................................................................3 REPORTING AGENCIES .............................................................................................3 NUMBER OF PROCEEDINGS .....................................................................................4 INVENTORY OF PROPERTY RECEIVED ...................................................................4 DESCRIPTION OF PROPERTY FORFEITED ..............................................................5 EXPENDITURES OF ASSET FORFEITURE FUNDS.................................................12 DISTRIBUTION TO SCHOOLS ..................................................................................13 NUISANCE AND OMNIBUS DISTRIBUTIONS ...........................................................14 STATE OF MICHIGAN RICK SNYDER COL. KRISTE KIBBEY ETUE DEPARTMENT OF STATE POLICE GOVERNOR DIRECTOR LANSING June 30, 2018 Mr. Jeff Cobb Mr. Gary Randall Secretary of the Senate Clerk of the House Michigan Senate Michigan House of Representatives P.O. Box 30036 Lansing, Michigan 48909 P.O. Box 30014 Lansing, Michigan 48909 Dear Mr. Cobb and Mr. Randall: I am pleased to present to the Michigan Legislature the 25th annual Asset Forfeiture Report. Michigan's asset forfeiture laws provide for the seizure of cash and property assets of drug traffickers and other criminal organizations when that property is obtained through illegal activity. The report this year is the second to b e submitted as required b y The Uniform Forfeiture Reporting Act, 2015 P A 148, which became effective February 1, 2016. The act repealed the prior asset forfeiture reporting requirements and requires submission of a summary to the Michigan Department of State Police of the reporting agency's activities regarding forfeiture of property under the following sections of law: Public Health Code, MCL 333.7521-333.7533 (Controlled Substances); the Identity Theft Protection Act, MCL 445.79d; Revised Judicature Act of 1961; MCL 600.4701-600.4709 (Omnibus); and Revised Judicature Act of 1961, MCL 600.3801-600.3840 (Public Nuisance). Additionally, the type of information to be reported for each seizure and forfeiture of property was expanded to provide for greater transparency regarding the government seizure of private property. This report covers the period of January 1, 2017, through December 31, 2017. This i s the first report in which all reporting agencies submitted forfeiture data based upon the calendar year. Over $13 million in cash and assets amassed by drug traffickers was forfeited. Extensive multi-agency coordination is evident in this report and, as a result, considerable assets were obtained through the joint enforcement efforts of agencies at the federal, state, and local levels. Asset forfeiture funds were used to enhance law enforcement by providing resources for equipment, personnel, vehicles, training, and supplies. Assets seized pursuant to this program also allowed some agencies to contribute monies to non-profit organizations that assist in obtaining information from citizens for solving crimes. I commend our law enforcement community for the tremendous job they have done and submit this report for your information and review. MICHIGAN STATE POLICE HEADQUARTERS • 7150 HARRIS DRIVE • DIMONDALE, MICHIGAN 48821 MAILING ADDRESS • P.O. BOX 30634 • LANSING, MICHIGAN 48909 www.michigan.gov/msp • 517-332-2521 FOREWORD This is the 25th annual Asset Forfeiture Report; however, it is the second of its kind under the Uniform Forfeiture Reporting Act. Effective February 1, 2016, Public Act 148 of 2015 created the Uniform Forfeiture Reporting Act that repealed prior forfeiture reporting requirements under the Public Health Code, and mandated forfeiture reporting requirements under four sections of law: Public Health Code, MCL 333.7521-333.7533 (Controlled Substances); the Identity Theft Protection Act, MCL 445.79d; Revised Judicature Act of 1961; MCL 600.4701-600.4709 (Omnibus); and Revised Judicature Act of 1961, MCL 600.3801-00.3840 (Public Nuisance). This report is a compilation of Reporting Agencies’ Government Asset Forfeiture Report online submissions by Michigan law enforcement agencies, prosecutors, counties, townships, cities, and villages to the Michigan State Police (MSP), Grants and Community Services Division (GCSD), Byrne Justice Assistance Grant (Byrne JAG) Section. As a result of the expanded inventory requirements under the act, 6,667 forfeited property records were submitted to the MSP. The content of the records submitted is summarized for brevity in this report. Of the 1,820 Reporting Agencies’ Government Asset Forfeiture Reports submitted to the MSP, 278 law enforcement agencies reported receiving funds from asset forfeiture during this reporting period. More than $11.8 million in cash was seized, and over $13.1 million in cash and property was awarded to law enforcement during this reporting period. Collaboration and coordination are hallmarks of Michigan’s effort to overcome drug trafficking and other criminal activity in our communities. A significant portion of assets seized was obtained as a result of local, state, and federal agencies working together. Michigan’s multijurisdictional task forces are a good example of coordinated regional law enforcement aimed at dangerous criminals. 2 SCOPE OF THE REPORT The Uniform Forfeiture Reporting Act defines “reporting agency” to mean one of the following: (i) If property is seized by or forfeited to a local unit of government, that local unit of government means a village, city, township, or county. (ii) If property is seized by or forfeited to the State of Michigan, the state department or agency effectuating the seizure or forfeiture is the reporting agency. “Local unit of government” means a village, city, township, or county. Asset forfeiture reporting submissions were solicited from every unit of government in the state of Michigan. Section I: Identification The following tables provide information regarding the types of agencies that were requested to submit an asset forfeiture report and the responses received from that request: Agencies Submitting a Report Including Asset Forfeitures Agencies Submitting a Report With NO Asset Forfeitures Agencies that DID NOT Submit a Report Local Police Agencies (480) 190 290 0 Multijurisdictional Task Forces (26) 25 1 0 MSP (1) 1 0 0 Sheriff’s Offices (83) 44 39 0 Prosecuting Attorneys (83) 5 78 0 265 408 0 Agencies Total Agencies Submitting a Report Agencies Submitting a Report With NO Asset Forfeitures 4 4 Townships 803 801 Cities 30 30 113 113 4 4 954 952 Added Reporting Agencies Counties Villages Departments of State Government Total Note: Many local units of government maintain their own police agency or contract for police services. Therefore, the police agency executes and reports asset forfeitures on behalf of the unit of government. 3 Section A: Number of Forfeiture and Public Nuisance Proceedings MCL 28.112(1)(a) – (f) Proceedings Forfeiture and Public Nuisance Proceedings 1,782 A1. Forfeiture Proceedings Instituted in Circuit Court 1,387 A2. Forfeiture Proceedings Concluded in Circuit Court 455 A3. Forfeiture Proceedings Pending in Circuit Court 4,979 A4. Forfeitures Effectuated Without a Forfeiture Proceeding in Circuit Court 2,258 A5. Forfeiture Proceedings Concluded by Agreement 63 A6. Public Nuisance Proceedings Section B: Inventory of Property Received by the Reporting Agency MCL 28.112(1)(g) This table includes all items seized, or seized and forfeited, during the reporting period. Units Inventory of Property Received 8 B1. Residential Real Property: Number of residential real property units received 2 B2. Industrial or Commercial Real Property: Number of units received 0 B3. Agricultural Real Property: Number of units received 11,843,061 B4. Money: Dollar amount of all money received 131 B5. Negotiable Instruments and Securities: number of units seized 711 B6. Weapons: Number of weapons received 7,999 B7. Motor Vehicles and Other Conveyances: Number of units received 16,827 B8. Other Personal Property of Value: Number of other items of value seized 4 Section C: Description of Property MCL 28.112(1)(h) Each property inventoried in Section B that has been finalized for purposes of appeal is further described in the tables that follow. Requirements C1-C4 are on file; however, they represent over 6,600 unique entries which are not conducive to summarization. C1. Case number or other number assigned by the reporting agency that identifies the forfeiture. C2. Description of the property (e.g., residential real property address; legal description of agricultural property; vehicle identification number; make, model, and serial number of a firearm). C3. Date the property was seized. C4. Date the property was ordered forfeited or disposed of. C5. Final disposition of property. C6. Estimated value of the property. Items 171 7 3,064 438 2,917 65 Disposition of Property Received Value of Property Received Destroyed $12,081 Donated $2,565 Retained by agency Sale pending $4,695,580 $802,213 Sold $2,662,785 Dispositions not answered $418,684 Note: Some reporting agencies’ inventory reports were incomplete and were returned to those reporting agencies for correction. Corrected inventory reports have not been returned and are, therefore, not included in the table above. Net proceeds of those agencies are, however, included in Section D (page 11). C7. The violation or nuisance alleged to have been committed for which forfeiture is authorized. Asset Forfeitures by Section of Law Section of Law Public Health Code, MCL 333.7521-333.7533 (Controlled Substances) Number of Forfeitures 5,558 Identity Theft Protection Act, MCL 445.79d (Identity Theft) 55 Revised Judicature Act of 1961, MCL 600.3801-600.38340 (Public Nuisance) 946 Revised Judicature Act of 1961, MCL 600.4701-600.4709 (Omnibus) 67 No Answer/Not Identified 36 5 Asset Forfeitures by Specific Violations Instances Specific Violation of Public Health Code 18 333.74012A1, Controlled substance - Delivery/manufacture - Narcotic or cocaine 1000 or more grams 25 333.74012A2, Controlled substance - Delivery/manufacture - Narcotic or cocaine 450 to 999 grams 96 333.74012A3, Controlled substance - Delivery/manufacture - Narcotic or cocaine 50 to 449 grams 1,054 333.74012A4, Controlled substance - Delivery/manufacture - Narcotic or cocaine less than 50 grams 178 333.74012B1, Controlled substance - Delivery/manufacture - Methamphetamine/ecstasy 120 333.74012B-A, Controlled substance - Delivery/manufacture - Schedules 1, 2, and 3 except marihuana and cocaine 6 333.74012B-B, Controlled substance - Delivery/manufacture - Substance added to Schedules 1, 2, and 3 by Board of Pharmacy rule 21 333.74012C-A, Controlled substance - Delivery/manufacture - Schedule 4 4 333.74012D, Controlled substance - Delivery/manufacture - Schedule 5 22 333.74012D1, Controlled substance - Delivery/manufacture 45 kilograms of marihuana or 200 or more plants 151 333.74012D11, Controlled substance - Delivery/manufacture 5 to 45 kilograms of marihuana or 20 to 200 plants 845 333.74012D3, Controlled substance - Delivery/manufacture marihuana 7 333.74012F, Prescription forms - Manufacture/deliver 76 333.7401A, Controlled substance - Delivery to commit criminal sexual conduct 9 333.7401C2A, Controlled substance - Operating/maintaining a laboratory 13 333.7401C2F, Controlled substance - Operating/maintaining a laboratory involving methamphetamine 5 333.74022A, Controlled substance - Creation/delivery counterfeit substance narcotic/methamphetamine/ecstasy 7 333.74022B, Controlled substance - Creation/delivery of counterfeit substance - Schedules 1, 2, or 3 17 333.74022E, Controlled substance - Creation/delivery of an analogue 2 333.74032A1, Controlled substance - Possession of cocaine, heroin or another narcotic - 1000 or more grams 12 333.74032A2, Controlled substance - Possession of cocaine, heroin, or another narcotic - 450 to 999 grams 85 333.74032A3, Controlled substance - Possession of cocaine, heroin, or another narcotic - 50 to 449 grams 118 333.74032A4, Controlled substance - Possession of cocaine, heroin, or another narcotic - 25 to 49 grams 6 Instances 1,306 Specific Violation of Public Health Code (Cont’d.) 333.74032A5, Controlled substance - Possession of cocaine, heroin or another narcotic - Less than 25 grams 100 333.74032B1, Controlled substance - Possession of methamphetamine/ecstasy 288 333.74032B-A, Controlled substance - Possession of analogues 11 333.74032B-B, Controlled substance - Possession of substance added to Schedules 1, 2, 3, or 4 by Board of Pharmacy rule 11 333.74032C-A, Controlled substance - Possession of Schedule 5 or LSD, peyote, mescaline, psilocybin, etc. 6 333.74032C-B, Controlled substance - Possession substance added to Schedule 5 by Board of Pharmacy Rule 519 333.74032D, Controlled substance - Possession of marihuana 2 333.74032F, Prescription forms - Possession 5 333.74042A, Controlled substance - Use of narcotic/cocaine/methamphetamine/ecstasy 16 333.74042B, Controlled substance - Use 2 333.74042C, Controlled substance - Use of Schedule 5 or LSD, peyote, mescaline, psilocybin, etc. 5 333.74042D, Controlled substance - Use of marihuana 4 333.7405B, Controlled substance - Manufacture/distribute outside license 131 333.7405D, Controlled substance - Maintaining a drug house 1 333.74071B, Controlled substance - Use of a fictitious license number 2 333.7407A1-A, Controlled substance - Attempt - Felony 75 333.7407A1-C, Controlled substance - Attempt - Misdemeanor 1 333.7407A-B, Controlled substance - Attempt - High misdemeanor 1 333.74102, Controlled substance - Distribution without remuneration - Marijuana 1 333.74103, Controlled substance - Possession with intent to deliver on school property - Narcotic or cocaine Less than 50 grams 3 333-74101-A, Controlled substance - Delivery to minor - Narcotic or cocaine - less than 50 grams 7 Instances Specific Violation of Public Health Code (Cont’d.) 9 333.74104-A, Controlled substance - Possession on school property - Narcotic or cocaine - Less than 25 grams 1 333.74104-D, Controlled substance - Possession on school property - Marihuana 1 333.7417, Controlled substance - Selling falsely represented products 2 333.7453, Controlled substance - Sale of paraphernalia 4 333.7455, Controlled substance - Sale of paraphernalia to minor 155 Not Answered/Left Blank as unspecified violations of the public health code Instances Specific Identity Theft Violations 18 445.65, Identity Theft 0 445.65-A, Identity Theft - Second offense 37 445.67-A, Personal identifying information - Obtain/possess/transfer with intent to commit identity theft - Second offense 0 Unspecified/unanswered violations of Identity Theft Protection Act - MCL 445.79d Instances Specific Nuisance Violations 14 Property was used by, or kept for the use of prostitutes or other disorderly persons 4 Property was used for conduct prohibited by MCL 750.462a to MCL 750.462h - Human trafficking 878 Property was used for the purpose of lewdness, assignation, prostitution, or gambling 44 Property was used for the unlawful manufacture, transporting, sale, keeping for sale, bartering, or furnishing of vinous, malt, brewed, fermented, spirituous, or intoxicating liquors or mixed liquors or beverages, any part of which is intoxicating 1 Property was used to facilitate armed violence in connection with the unlawful use of a firearm or other dangerous weapon 8 Instances Specific Violations of Omnibus Act 1 750.110, Breaking and entering - A building with intent 2 750.110A3, Home invasion - Second degree 7 750.145C2, Child sexually abusive activity 2 750.157Q, Financial transaction device - Illegal sale/use 2 750.157R, Financial transaction device - Forgery, alteration, or counterfeiting 2 750.2241-A, Weapons - Dangerous weapon - Miscellaneous 2 750.224A, Weapons -Taser - Possession or sale of 8 750.224F, Weapons - Firearms - Possession by felon 1 750.249, Uttering and publishing 1 750.251, Forgery - Bank bills/promissory notes 1 750.254, Uttering and publishing - Possession of counterfeit bank, state, or municipal bills 1 750.274, Fraud - Purchasing/collecting on fraudulent financial document 2 750.3565, Larceny - Less than $200.00 4 750.459, Prostitution/transporting person 8 750.520D, Criminal sexual conduct - Third degree 3 750.529, Robbery - Armed 5 750.5352A, Stolen property - Receiving and concealing - $20,000.00 or more 1 750.5352B, Stolen property - Receiving and concealing - $1,000.00 or more but less than $20,000.00 - Third or subsequent offense 5 750.5353A, Stolen property - Receiving and concealing - $1,000.00 or more but less than $20,000.00 1 750.5355,Stolen property - Receiving and concealing - Less than $200.00 1 752.7973E, Computers - Using to commit a crime - 10 years or more but less than 20 years 7 Unspecified/unanswered violations classified as Omnibus Act 13 750.5353A, Stolen property - Receiving and concealing - $1,000.00 or more but less than $20,000.00 3 752.7973A, Computers - Using to commit a crime - 1 year or less 12 Unspecified/unanswered violations classified as Omnibus Act Instances 36 Other Entries Entries with no violation entered for the reported seizure 9 C8. Whether any person was charged with the violation for which the forfeiture was authorized. If yes, whether that person was convicted, not convicted, or the charge is still pending. Number Charged, if yes Convicted? 228 Cooperated/assisted law enforcement to avoid criminal charges * 736 Not charged with a violation for which forfeitures were authorized 2,368 Charged with a violation - Charges Still Pending 2,876 Charged and Convicted for Violation for which Forfeiture was Authorized 220 Charged but not Convicted for Violation for which Forfeiture was Authorized 170 Charged but Conviction Status Not Answered in Survey 68 Neither Charge or Conviction Status Answered in Survey * Many persons accused of crimes cooperated with authorities, resulting in criminal charges not being pursued. This category was added this year for tracking. C9. Whether any person claimed an interest in the property and the number of claimants to the property. Number Number of Persons Claiming an Interest in the Property 4,606 0 Persons Claimed an Interest in the Property 1,875 1 Person Claimed an Interest in the Property 44 2 Persons Claimed an Interest in the Property 3 3 Persons Claimed an Interest in the Property 2 4 Persons Claimed an Interest in the Property 136 Not Answered C10. Whether the forfeiture resulted from an adoptive seizure. Number Did the Forfeiture Result from an Adoptive Seizure 351 Yes 6,131 No 184 Not Answered 10 C11. Whether the property was seized pursuant to a search warrant, arrest warrant, or search incident to arrest. Number Search Warrant, Arrest Warrant, or Search Incident to Arrest 2,090 Search Warrant 85 Arrest Warrant 2,740 Search Incident to Arrest 1,750 No Warrant C12. Whether a controlled substance was found in the course of the investigation that resulted in the forfeiture of the property. Number Controlled Substance Found in the Course of the Investigation 5,391 Yes 1,266 No 9 Not Answered Section D: Net Total Proceeds MCL 28.112(1)(i) Report the net total proceeds of all property forfeited through actions instituted by the reporting agency that the reporting agency is required to account for and report to the state treasurer. Amount $13,137,829 Net Total Proceeds Net Total Proceeds reported to MSP for January 1, 2017, thru December 31, 2017 Note: This report includes only the net proceeds of property that was seized on or after the effective date of the act and forfeited during the reporting period. 11 Section E: Forfeiture Proceedings under the Public Health Code MCL 28.112(1)(j)(i) The reporting agencies were requested to report the use of asset forfeiture funds as a percentage of the agency’s total expenditures of asset forfeiture funds in 13 broad categories: personnel, overtime, vehicles, equipment, federal grant match, informant fees, buy money, training, crime prevention and public outreach, animal expenses, supplies and materials, non-profit organizations, and other expenses. Expenditure of Funds Category Personnel Overtime Vehicles Equipment Federal Grant Match Informant Fees Buy Money Training Crime Prevention/Public Outreach Animal Expenses Supplies and Materials Shared with Other Agencies Non-profit Organizations Other TOTAL Percentage 8.5% 2.5% 9.0% 36.0% 1.0% 1.0% 4.0% 5.0% 3.0% 2.0% 7.0% 3.0% 1.0% 17.0% 100.0% The following are examples of reported expenditures by category: Personnel: Asset forfeiture funds are used to fund community policing officers, multijurisdictional drug team personnel, local and county agency drug team personnel, and civilian personnel. Overtime: Drug investigations are often initiated in the late evening/early morning hours. Certified methamphetamine laboratory responders, raid entry teams, and canine handlers are examples of frequently used personnel that require overtime payment. Vehicles: The increasing cost of vehicles has been a major factor in increased police department operating cost budgets. The use of asset forfeiture funds has offset some of these costs. Equipment: Law enforcement is seeing rapid changes in technology to assist agencies in working more efficiently and effectively. Records management systems, mobile data terminals, live stream video, and evidence collection enhancements are examples of expenditures from this category. Federal Grant Match: Grant matching funds help increase the number of investigators and prosecutors dedicated to drug enforcement. Multijurisdictional task forces rely heavily on federal funds to operate and most of these funds require a cash match. Informant Fees: Asset forfeiture funds are used for informant fees to assist in solving complex drug investigations. 12 Buy Money: Assembling cases against drug traffickers requires resources for undercover agents to conduct drug purchases, often over a period of time. Enforcement budgets may be inadequate for this expenditure. Asset forfeiture funds fill this gap and provide needed resources, especially for smaller law enforcement agencies. Training: The majority of sworn personnel assigned to multijurisdictional task forces require formal narcotics investigative training. Law enforcement agencies are providing more training for personnel to keep current with new technological advances. Asset forfeiture funds can assist agencies with these costs. Crime Prevention and Public Outreach: Law enforcement agencies are providing education and awareness programs throughout the state. These efforts may include presentations to schools and community groups. Animal Expenses: Canines have proven to be a valuable asset to law enforcement. Law enforcement agencies and one multijurisdictional task force reported spending asset forfeiture funds on medical and maintenance costs for their canine programs. Supplies and Materials: Supplies and materials are considered operational items that cost under $5,000, including computers, copier leases, cellular telephones, and vehicle/building maintenance. Materials and supplies utilized by multijurisdictional task force personnel are not normally provided for in a participating agency’s budget so multijurisdictional task forces often use asset forfeiture funds to support their supplies and materials expenditures. Shared with Other Agency: Some forfeitures result from joint investigations or multijurisdictional task force investigations. Therefore proceeds are shared among participating agencies. Non-profit Organizations: Many local police agencies and county sheriff’s offices reported contributing a percentage of their asset forfeiture funds to local crime alert organizations as allowed by MCL 333.7524(1)(b)(ii). Other: Expenditures reported in this category were utilized for building/utility costs for narcotics unit operations, cellular telephone bills, global positioning tracker services, extradition costs, drug awareness kits, vehicle purchases, off-site storage units for toxic materials, dispatching consortium fees, aviation fees, and evidence collection materials. F: Donated Grow Lights and Scales MCL 28.112(1)(j)(ii) Distribution to Schools MCL 333.7524(2) allows for the donation of forfeited lights for plant growth or scales to elementary schools, secondary schools, and institutions of higher education. Lights and Scales Donated 24 Number of Lights for Plant Growth 31 Number of Scales 6 Number of Schools Receiving Donated Equipment $2,343 Total Cash Value of Lights and Scales 13 Section G: Net Proceeds of Revised Judicature Act (Nuisance) Proceedings MCL 28.112(1)(k) Amount $0 $48 $0 Other persons entitled to the proceeds of Nuisance Proceedings Human Trafficking Victims Other Persons Reported Paid to State Treasurer Section H: Net Proceeds of Revised Judicature Act (Omnibus) Proceedings MCL 28.112(1)(l) Amount $76,431 $524 Net Proceeds of Revised Judicature Act (Omnibus) Proceedings Amount Used to Enhance Enforcement of Criminal Laws Amount Used to Implement William Van Regenmorter Crime Victim's Rights Act   14