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Search & Seizure

Jamaica and Cuba have signed a Memorandum of Understanding pledging to cooperate in combating drug trafficking and other transnational crimes. Years ago the island was pretty much just exporting some really fine cannabis but unfortunately over time became a major transfer point in white powder drug smuggling because of its geographic location.

The MOU pledges cooperation in intelligence gathering and combating money laundering. Reflecting US influence in their policy, Jamaica has embraced asset forfeiture as a weapon. Using The International Narcotics Control Strategy Report (INCSR) 2004, published by the U.S. State Department's Bureau for International Narcotics and Law Enforcement Affairs, as a guide the big island apparently intends to embrace US style tactics.

To get at international drug traffickers (including those operating in Jamaica), who rake in millions of US dollars, law enforcement agents not only have to arrest the suspects and seize their drugs, but seize also the assets they buy with the money they earn from the drugs, whether the cash is laundered or not. The drug traffickers have to distance themselves from the money, so law enforcement won't catch them with it. So the seizure of laundered money can often lead to the 'Mr. Bigs' of drug trafficking, if the investigators are diligent and skilful enough to follow complex paper trails.

Sounds pretty good doesn't it, but when is the last time you've heard of a "Mr. Big" actually being arrested for money laundering or even for dealing drugs? Forfeiture has been used as a tool to punish small dealers and often results in the confiscation of legally acquired property. Ironically, the property once seized, goes on trial and must prove itself innocent. Thus you find cases such as "United States vs. 2002 Ford truck" clogging our court systems. More often than not it costs more to litigate for the return of the property than it would to replace it. Meanwhile you have law enforcement departments at every level enriching their coffers with millions of dollars of US citizen's property. Reports abound of police detectives driving around in seized SUVs and other luxury cars and of these funds being used to construct lounges and the like in police stations.

Unfortunately Jamaican officials seem to be buying this kind of US rhetoric.

As the US President's National Drug Control Strategy for 2004 states, "The drug trade is not an unstoppable form of nature but rather a profit-making enterprise that can be stopped." Two weapons that have proven most effective in weakening the drug trade have been forfeiture of assets and stiff laws against money laundering.

Absurd logic when black market for drugs is bigger than ever. Asset forfeiture is one of the greatest temptations for graft and illegal arrests in our law enforcement community. The only way it can be employed in a neutral and fair manner is if the proceeds were turned over to the state for other uses such as education and or other social services. As it stands, with the proceeds of the act being left in the hands of those who seize the property, it constitutes one of the greatest legalized conflict of interest in the history of civil society.

One hopes that Jamaica will realize the folly of the policy before it becomes entrenched.