N.S. taxpayers spent $543K to seize $158K from 'criminals'

Five years after Nova Scotia gave itself the power to seize the assets of people it considered criminals, the province has recovereda total of $158,865.10.

But ithas cost taxpayers triplethat amountto go after the money.

The civil forfeiture unit's success rateis only 40 percent;of the 38 cases it has initiated since 2011, it has abandoned 21 and lost two. That leaves 15 cases it has either won or reached an agreement with the person it hadseized money from.

RogerMerrick, the man in charge of public safety investigations at the Justice Department,defended that record.

It's money and drugs off the streets

"Every $5,000we take from a drug dealer is $5,000 that can't be turned into more money and it's drugs off the street," he said.

The civil forfeitureunit in the Justice Departmenthas been fundedsince 2008, ayear after the Civil Forfeiture Act was adopted, but years before it actually came into force, in 2011.

Police officer turned Conservative cabinet minister Murray Scott described it as an effectivecrime fighting tool,during debate when the act was just a bill, on Nov.30, 1997.

"This legislation will allow us to hit criminals where it hurts the most their wallets,"he said in theprovincial legislature.

Turns out, it's taxpayers who have suffered agreater financial hit.

Budget far exceeds goods seized

That'sbecause the unit has neverseized enough assets to cover its costs - something Merrick said it was neverdesigned to do.

"We are not necessarily set upto be profit based," he said. "This program was set up to disrupt criminal activity
by taking funds away. Over that period of time we've taken away alarge amount of money that we have reinvested. Yes, I think it has beensuccessful to this point."

The unit's biggest win was its last casein September2015when John WA Turton agreed to forfeit $41,030 of the $51,030 Halifax Police officers seized from him during a traffic stop in May2015.

Most of the forfeitureshave been smaller, ranging from$1,675to$23,040.59. Most of it was cash but there have been three vehicles seized, a gold Rolex watch and a piece ofproperty in Wentworth.

Every case involved the suspicion of drug trafficking or money laundering, except one.

Honda seized in murder case

In January 2013, policeconfiscated aHonda Civic at the heart of a second-degree murder trial.

The car belonged to Kyle Gowen who is currently in prison, serving a life sentence for killing Dillon Jewett, in the fall of 2010.Police had seized the car because it was used to drive Jewett to the gravel pit where Gowen shot and killed him.

The province considered it "an instrument of an unlawful act" and wanted it forfeited. Itdiscontinued the action but the vehicle was eventually scrapped.

Lucky breaks by police

Some of the drug busts and subsequent cash seizures were the result of surveillance operations, but according to court documents, it appears police also got some lucky breaks.

For example, Matthew Charles Arcandwas at the wheel of hisBuickAllure when officers pulled him over during a traffic stop in StellartononJan.7, 2013. The Moncton man happened to have something that caught the attention of one of the officers who"observed and seized a Sobey'sbag containing $31,580.00 in cash."

Police alleged Arcandwas a drug dealer andthe cashwas part of that businessor he waslaundering it. Either way, when the case came before a judge in July2013 hevoluntarily agreed to give up $23,000in order to keep $8,500 for himself.

Suspicious package

Aaron MacCallummade a similar deal to keep half of the $7,525 police seized in apackageaddressed to the Truro man that officerspicked up at a Purolator office in December2012.

Although MacCallumdenied he was a criminaland claimed the police seizure was illegal, he eventually agreed to give up half the money.

His lawyer Peter Ledermanwas convinced prosecutors didn't have a case, but his clientwas soafraid to appear before a judge he jumped at the chance not to.

'They're not sophisticated'

"It's not illegal to send money by courier," said Lederman. "It may not be thesmartest thing in the world but it's not illegal and I suggested it tothem that they should just give it back. Well they wouldn't do that."

The Truro lawyer was convinced others who agreed to forfeit money might have felt the same way as MacCallum.

"There are lots of people like him. They're not sophisticated.They're down at the LawCourts on Lower Water Street with abunch of lawyers, sitting to go in front of a judge."

"So when they dangled that carrot in front of him hedecided that the lesser of two evils was to take it and go home, whichwas what he did."

Others gave up moneyseizedin more suspicious circumstances.

Drugs, money and a gun

Douglas Arthur Casey also made adeal to hang onto half of the $39,550 police confiscated from him in June2012.

The money was seized from his home in Prospect, along with a loaded gun, a Taserand what police thought was cocaine.

Although he initially fought it as an "illegal search" of his property, a judge disagreed.

The only property seized by the unit, came as a result of RCMP drug squadraid at a property owned by Mark Alex Ferguson.

RCMP followed two other men to the property inWentworth and found, according to court documents, "a dome-shaped garage constructed and used for the production of marijuana, containing an electrical power diversion system, high intensity lights, ventilation system and 721 marijuana plants."

Crime prevention programs

A judge ordered the land forfeited to the province, whichsold it for $9,264.85.

The money from the forfeitures has been given to crime prevention programs:

• CJS African NS Youth Project in Preston $30,000
• Crime Prevention Cure Violence $50,373
• Atlantic Crime Prevention Symposium $10,000
• Restorative Justice Conference $10,000

Although the Forfeiture Unit has recently lost its one and only employee because of amoveout of province, Merrick is hoping to find a replacement to carry on the work started five years ago.