The last 12 months have been very unprofitable for at least some Northampton County drug dealers. For the fiscal year ending June 30, District Attorney John Morganelli’s office has seized $280,907 in U.S. currency – the most money his office has taken out of the hands of local drug lords in the past five years. In addition, his office has sold 10 vehicles.

Morganelli is acting under the authority of state law, which allows him to commence civil asset forfeiture actions against the property used in the commission of crime, not the person charged. This has evolved from the common law principle of deodand, under which instruments used to commit crime, as well as the profits, were declared forfeit.

Forfeitures controversial

Prosecutors have long defended civil forfeiture as one of the tools in their arsenal to deter organized crime. But in Philadelphia, the Institute of Justice filed suit in 2014 when people, many of them with low incomes, were losing homes, bank accounts and cars. A mother whose son dealt from her home could see her home taken away, and often had little or no notice. In 2015, Philadelphia agreed to stop taking homes without providing better notice. In 2017, the Pennsylvania Supreme Court unanimously ruled that there must be strong evidence showing a home or car was used in a crime and that the owner consented. Governor Tom Wolf also signed a new law that allows parties to retain seized property during the pendency of criminal cases if they can show a hardship.

In Northampton County, said Morganelli, civil forfeiture are only enacted in the event of a conviction. But the a United States Supreme Court has just agreed to hear a case filed by a convicted Indiana heroin dealer whose $40,000 Land Rover was seized by police after he sold a few hundred dollars worth of heroin. This has been challenged as an excessive fine in violation of the Eighth Amendment, especially since the vehicle was purchased with life insurance proceeds, not drug money.

Community outreach

In a July 16 news conference, Morganelli announced plans to use forfeiture proceeds to fund a community outreach program.

First, he wants to meet with the legislative body of every municipality to determine how his office can better serve each community. he has already met Bangor Borough Council and is scheduled to visit Hellertown Borough Council in August. He pointed out that different communities have different needs.

Second, he will be sending a newsletter to county residents to outline the benefits of community block watch groups and explain how to get one started. using drug forfeiture proceeds, he is willing to provide start-up costs. This newsletter will also remind citizens of National Night Out, scheduled this year for Aug. 7.

Drug money uses

In addition to community outreach programs, forfeitures fund the salary of an assistant District Attorney, training, drug buys, equipment purchases. Since starting the drug forfeiture program, Morganelli’s office has seized over $3 million. He credited Assistant District Attorney Julianne Danchak and County Detective Andre Stevens for their work in making the past 12 months a banner year for Northampton County.