An alleged drug dealer may have escaped criminal charges but has paid a penalty of a different kind.
A cell phone and over $5,400 in cash police seized at the time of his arrest have been forfeited to the provincial government, Prince George RCMP said this week.
The items were taken as evidence when the detachment's crime reduction team the man and an accomplice were arrested Aug. 31, 2012 just after they were leaving a "known drug house" in an allegedly stolen vehicle.
When proposed charges were forwarded to Crown counsel but not approved, the team applied to the B.C. Civil Forfeiture Office and, following the completion of an administrative forfeiture proceeding, the cash and the phone were turned over to Victoria.
Completely separate from the proceeds-of-crime provisions under the Criminal Code, the administrative forfeiture process begins with a notice of intent either sent to the property's owner or published in a newspaper or the B.C. Gazette.
Anyone who claims to have an interest in the property is given the opportunity to respond to the proceedings by filing a dispute within the time allowed.
If a dispute is filed, the BCFO director can initiate civil forfeiture proceedings, which may result in a trial before a judge. However, the threshold for proof in a civil proceeding is based on a balance of probabilities rather than the more onerous standard of reasonable doubt for a criminal proceeding.
If no dispute is received, the property is forfeited to the government without further notice. RCMP did not say if the suspect filed a dispute and did not provide his name.
RCMP welcome tips about drug related activity in the Prince George area. Call Prince George RCMP at (250) 561-3300 or anonymously contact Crime Stoppers at 1(800) 222-8477, online at www.pgcrimestoppers.bc.ca (English only), or Text-A-Tip to CRIMES (274637) using keyword "pgtips."
