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Forfeiture History:
Learn How it All Started


How did the forfeiture battle with the county attorneys and Shurtleff begin?  Read the back-and-forth letters between AU team member Daniel Newby (see Sutherland Institute disclaimer below) and the State Auditor and State Treasurer:

[Note: These letters are in .pdf format. If you do not already have Adobe Acrobat Reader, you will need to download a free copy.]

Initial request to State Treasurer (11/26/02): A legislative committee hearing revealed that 154 forfeiture cases were decided in FY 2002, yet no confiscated proceeds were deposited to the State Treasurer as required by Initiative B.  Why?

Initial request to State Auditor (11/27/02): Making the same request for any information the Auditor can reveal.

Initial response from State Auditor (approx. 12/1/02): No confiscated proceeds were deposited to the Treasurer's office.  (We believe the date of the letter was incorrect, as we received it on December 2, 2002.)

Third request to State Auditor (1/23/03): Ok, so they are breaking the law. What is required to ensure the State of Utah's compliance with Initiative B?  And how about a breakdown of the cases and judges that were complicit in violating the law?

Second request to State Treasurer (1/24/03): Again, did the Treasurer's office receive $100,000 to handle confiscation proceeds?  What did it do with that money?

Initial response from State Treasurer (1/27/03): The Treasurer affirms that no confiscated proceeds have been deposited with his office, and that monies his office was allocated for handling forfeiture proceeds were not spent and were returned to the general budget.  Notice the little testy barb in the postscript.

Second response from State Auditor (1/23/03): The house of cards begins to fall.  The Auditor reports that county attorneys and judges have violated the law.

 

Disclaimer: Newby was employed with the Sutherland Institute during the time of these letters; hence its logo is on his letter stationary.  Newby left the Sutherland Institute on January 28, 2003, and has conducted all his efforts since that time as a private citizen.  The Sutherland Institute has officially and publicly disavowed and distanced itself from Newby's political views, tone, and activities.  As a courtesy to the Sutherland Institute, we have posted their e-mail on the matter.

 

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