Whether it’s cash, cars, guns or dope, it’s easy rewards that invariably draw many criminals to their crimes.
But when the law catches up to them, it is often these ill-gotten gains that end up giving law enforcement another tool to use against other wrongdoers. Thanks to a 40-year-old law, police can hit criminals where it really hurts—their wallets.
It’s called asset forfeiture, and in the Town of Bethlehem’s Police Department it’s paid for two recent crime-fighting purchases. Earlier this year, police bought two bicycles for $2,200 to start a new two-wheeled patrol, and late last month about $6,500 was spent to purchase new pistols. In both cases, criminals are footing the bill through money or property used in the commission of or as a profit of a crime.
The town’s asset forfeiture funds stands at about $23,000 right now, a figure that accounts for the recent purchases. Police Chief Louis Corsi said this year is the first time the fund has been tapped during his eight years heading the force, so the account isn’t what you’d call a massive pool of money.
But it’s a valuable one all the same, Corsi said, because it offers flexibility that isn’t always available from the general fund.
“I can’t afford to be at 75 percent, either with equipment or with training or anything, because at 75 percent people get hurt,” Corsi said. “I don’t have the luxury of waiting until 2012.”
The law requires that forfeitures have to be applied to law enforcement activities, so they can’t be shifted back into normal town finances. While federal authorities have the power, in certain cases, to conduct civil seizures without going through the courts, for local agencies asset forfeitures are generally ordered by a court through the prosecution of a crime.
In Bethlehem, such seizures occur on a sporadic basis. Probably the most common instance local police agencies encounter would be drug-related arrests, such as when a suspect is found with a stash of drugs and cash. In such cases, police can attempt to seize the suspect’s money, the vehicle the drugs were transported in and any weapons in the person’s possession.
This means the forfeiture fund can swell suddenly.
“Just one [traffic] stop changes everything,” Corsi said.
During a period between 1989 and 2009, nearly $11 billion in assets is estimated to have been seized by law enforcement nationwide.
In many instances, a local police department will coordinate on investigations with other agencies, including federal entities like the DEA, FBI or U.S. Marshals. In these cases, any assets eventually seized are split up between the agencies based on a formula weighted on the degree of the involvement from the various agencies. The district attorney’s office oftentimes receives funds under such a mechanism.
“If we work together and develop information and bring it to a federal agency…and there is a seizure through the U.S. Attorney, Bethlehem would be entitled to a percentage of that seizure,” Corsi said. He added that with new information sharing technologies and practices such cases have become more common in recent years.
Bethlehem officers to rearm
When it comes to the new sidearms, the department will also be saving a bundle by trading in its old Glock 22 and 27 models. Those Glocks were purchased 19 years ago and are wearing out. Earlier this year, the department’s firearms specialist advised that the weapons were showing signs of metal fatigue. A pistol is a piece of equipment officers need to work the first time, every time, so the decision was made to cycle the equipment as soon as possible.
After about five months of testing and research, the department settled on the Smith & Wesson M&P45, a firearm Corsi said the department’s command “absolutely fell in love with.” He described the pistol as being at the pinnacle of current craftsmanship and adaptability. The M&P45 can be fitted with “backstraps” right out of the box to customize the grip’s fit to individual officers, for example, and Smith & Wesson offers a wide range of customization options for each firearm (police declined to discuss the specifics of how the force’s new sidearms will be configured).
The new pistols will fire a .45-caliber round, which is slightly heavier than the .40-caliber cartridge used by the aging Glocks. The department did extensive ballistics testing in selecting the the type of ammunition, and Corsi noted that police in Colonie and Guilderland are now carrying the same model pistol. They’re about $400 apiece, and the department is buying 50.
Making the purchase now was important because it takes time for an order of pistols to be prepared and shipped, and the force will have to be trained and practiced in a variety of conditions on the new sidearms before switching over to the M&P45. This training is slated to take place in October.
