HomeMy WebLinkAboutCC RESO 16,366RESOLUTION NO. 16,366
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT WITH THE SAN DIEGO COUNTY
DISTRICT ATTORNEY'S OFFICE TO LITIGATE ASSET FORFEITURE CASES
WHEREAS, the federal government, by the Comprehen-
sive Crime Control Act of 1984, has created provisions for
equitable sharing with state and local law enforcement
agencies of assets seized and forfeited for certain criminal
violations; and
WHEREAS, the Police Department has, through both
adoptive seizures and joint investigations, caused a signifi-
cant amount of assets to be subjected to federal forfeiture
and intends to continue to emphasize this aspect of the law
enforcement struggle against narcotics trafficking; and
WHEREAS, the success of National City's seizure
program has caused an unacceptable backlog of cases in the
litigation areas for which the United States Attorney's Office
is responsible; and
WHEREAS, the United States Attorney's Offices
desires that attorneys from the County District Attorney's
Narcotics Division appear in federal court to litigate
forfeiture cases in accordance with 19 U.S.C. section 1608 or
1610 which arise from seizure of assets by the National City
Police Department; and
WHEREAS, the District Attorney is ready, willing and
able to conduct all legal aspects of civil proceedings in
federal court brought by claimants to assets seized by the
Police Department pursuant to 21 U.S.C. section 881.
NOW, THEREFORE, BE IT RESOLVED by the Council of the
City of National City, that the Mayor is authorized to execute
an agreement with the District Attorney of the County of San
Diego authorizing the payment of ten percent (10%) of the
proceeds of federally seized assets which become subject to
judicial forfeiture proceedings. Said agreement is on file in
the Office of the City Clerk.
PASSED and ADOPTED this 20th day of November , 1990.
ATTEST:
o i Anne Peoples, Cit Clerk
APPROVED AS TO FORM:
Georfle H. Eiser,
City Attorney
pfln
George aters,Mayor