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Suppose, an asset forfeiture investigation indicates proceeds of criminal activity (cash) is being funneled out of the county where the criminal activity is taking place. The defendant's bank is out of county. Other than being a good neighbor, and turning the investigative results over to the DA in the county where the cash is held, is there any way the County where the criminal activity took place, and the money was subsequently funneled out of, can either seize or file the forfeiture suit?
 
Posts: 15 | Location: Palestine | Registered: January 25, 2006Reply With QuoteReport This Post
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Take a look at 1976 Harley Davidson Motorcycle, VIN #2C16410H6 v. State 106 S.W.3d 398. The Corpus Christi Ct. App. says filing in county of actual seizure is jurisdictional. Have you an intergovernmental agreement with the other county? Could you get one in place before the seizure? This would let you help out and share in the proceeds. Razz
 
Posts: 105 | Location: Marshall, Texas, Harrison | Registered: February 28, 2001Reply With QuoteReport This Post
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We have had an occasion where a defendant deposted drug proceeds into a bank account in an adjoining county. Luckily for us--its a large corporate bank and has a branch in our county. If he has money in one branch--he has money in every branch. We ran a seizure warrant on the branch in our county for his account number and seized the funds.

If the bank doesn't have a branch in your county, I think your only option is to transfer the information to the DA in the county in which the funds are located. Hopefully, he'll be thankful enough to craft an interlocal agreement that includes your office.
 
Posts: 478 | Location: Parker County, Texas | Registered: March 22, 2002Reply With QuoteReport This Post
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