'Affidavit: Texas constable admits ordering bugging'

Out of the East Texas town of Tenaha, another remarkable story from the Fort Worth Star-Telegram about an asset-forfeiture scandal, this time centered around an elected constable. The story opens:

A small-town Texas constable told the FBI he secretly bugged other officials' offices after they were accused of illegally forcing motorists to forfeit their cash, according to a search warrant affidavit.

The affidavit, based on interviews conducted by FBI agents and Texas Rangers, quotes Shelby County Constable Fred Walker as saying he authorized the installation of hidden surveillance cameras and digital recorders even though he didn't have legal authority. It also includes a statement from a witness who claims Walker helped organize a scheme to sell drugs seized from suspects.

It's just another chapter in a longtime drama in Tenaha, a town of 1,160 near the Louisiana border, where nearly $800,000 in cash seized from motorists stopped for traffic violations along U.S. Highway 59 has led to lawsuits and a federal criminal investigation of the county's former district attorney and other officials.

Walker, 53, was Tenaha's city marshal at the time the alleged bugging occurred. He was elected constable in 2010. ...

According to the affidavit, McClure told authorities that Walker had him install surveillance cameras disguised as smoke detectors and hidden voice-activated digital recording equipment in the offices of Tenaha Mayor George Bowers and deputy city marshal Barry Washington. Walker said he wanted to "cover" himself over the traffic stops, most of which were conducted by Washington, McClure said in the affidavit.

Walker acknowledged in an interview the same day that he had authorized the installation of the devices in Washington's office and at City Hall, the affidavit states.

What a pit! This story just keeps getting worse and worse.

Audits of asset forfeiture funds yield questions, felony conviction of Brooks/Jim Wells DA

Joe Frank Garza, the former DA of Brooks and Jim Wells counties, which slice through rural South Texas along US 281, gave his first interview since his conviction last year for misappropriation of public funds to Mark Collette of the Corpus Christi Caller-Times ("As new questions emerge, former District Attorney Garza speaks about forfeiture funds," Jan. 22). Here's a notable excerpt from the article:

From 2002 to 2008, [Garza] used the funds for himself and to supplement employee salaries without approval. An audit showed more than $4.2 million went to salary supplements for Garza and at least three of his employees, and trips to casinos. Three secretaries received more than $1 million during a five-year period — or more than $66,000 per secretary per year, effectively doubling or tripling their pay. Garza said the secretaries deserved it.

As part of the plea deal, Garza was sentenced to 10 years in prison, which was suspended for 10 years probation. Garza spent six months in jail as a condition of probation and was forced to surrender his law license. He also was ordered to pay $2.16 million in restitution and a $10,000 fine.

State law requires custodians of forfeiture funds to submit detailed budgets outlining how they intend to use the money. Garza said he didn't understand the budget requirement because the statute was "so confusing."
In 2001 the statute contained the same requirement it has today for district attorneys: "The budget must be detailed and clearly list and define the categories of expenditures."

Garza said the law, which allows district attorneys to used seized funds for official purposes, lets the district attorney determine what qualifies as an official purpose. He claimed he asked state officials in 2000 whether there were limitations on how he could use the money and was told, "You can spend it for whatever, so long as you don't put it in your wallet."

He said he received advice from a county auditor and county judge who told him he didn't need to submit budgets for forfeiture fund expenditures.

The state's prosecutors didn't buy it.

"He knew better," Assistant Attorney General Shane Attaway said when Garza took the plea deal. "This is pure greed. This isn't an accident."

Garza complained that the audit of his funds and subsequent prosecution were politically motivated. 

Meanwhile, Collette reported yesterday in a separate item ("Former Brooks County Sheriff under investigation for use of seized cash"), the former Brooks County Sheriff has his own asset-forfeiture related woes, reports Collette:

An auditor found more than $500,000 in questionable purchases through former Brooks County Sheriff Balde Lozano's criminal asset forfeiture funds, prompting a local prosecutor to refer the matter to the Texas Attorney General's office.

According to the audit, some of the purchases were channeled through funds controlled by Joe Frank Garza, the former 79th District Attorney who pleaded guilty in March to a felony charge for paying himself and his employees more than $2 million from his office's forfeiture fund without county commissioners' approval.

Lozano, 59, who is now a Falfurrias police officer, was sheriff from 1997 through 2009. He did not accept requests for an interview but provided a written statement saying the audit was politically motivated.

"I have been out of politics for the last three years," Lozano wrote. "It seems like the present sheriff's administration continues to try to drag me back into it."

Indeed, Lozano shouldn't spend too much time wondering why he's being dragged back into it! Reports Collette, "State law requires sheriffs, district attorneys and other officials who oversee seizure funds to submit forms yearly to the state comptroller and Texas attorney general detailing the money and seized property flowing through the funds and listing how much money was spent in various categories, such as salaries, equipment and travel expenses. There is no record of Lozano submitting the paperwork during his 12 years in office." Whoops.

Further, wrote Collette, "The county has no record of any budgets submitted by Lozano. The audit reports that when a county auditor raised objections about the sheriff's spending, Lozano and Garza replied with statements such as 'the sheriff can do whatever he wants with his money.'" Big ticket item to be accounted for include $88K in credit card purchases which appear mostly unrelated to law enforcement. Also, "About $394,000 was spent to buy 18 vehicles, apparently without competitive purchasing procedures. The auditor had difficulty tracking what happened to the vehicles and whether the county received money when they were sold." (Here's a copy of the October 2011 audit (pdf) of the Sheriff's asset forfeiture fund.)

So the former DA in Brooks and Jim Wells counties pled guilty to a first-degree felony for overpaying himself and his staff with asset-forfeiture money, but thinks he did nothing wrong. Meanwhile, the ex-Brooks County Sheriff treated asset forfeiture money as his own private slush fund with little accountability. One wonders what similar audits would find in other jurisdictions? Are these examples outliers or would similar self dealing and/or misappropriations be discovered elsewhere, if anyone bothered to look?

MORE: From Texas Watchdog.

Feds investigating Shelby DA in alleged Tenaha shakedown cases

According to the Associated Press (Oct. 25), the Shelby County District Attorney responsible for infamous asset forfeiture scandal in Tenaha is now herself facing scrutiny from federal prosecutors. The story opens:

The district attorney in a Texas county with a well-known drug-trafficking route repeatedly allowed suspected drug runners and money launderers to receive light sentences - or escape criminal charges altogether - if they forfeited their cash to prosecutors.

As a result, authorities collected more than $800,000 in less than a year using a practice that essentially let suspects buy their way out of allegations that, if proven, would probably have resulted in prison sentences.

"They were looking out for the treasury of their county instead of doing the job of protecting society," said R. Christopher Goldsmith, a Houston attorney who represented one of the defendants.

The system engineered by Shelby County District Attorney Lynda Kaye Russell is now one focus of a federal criminal investigation that is also reviewing whether Russell and other law enforcement officials targeted black motorists for traffic stops.

Interviews, court records and other documents reviewed by The Associated Press show numerous examples of suspects who went unpunished or got unusually light sentences after turning over tens or hundreds of thousands of dollars.

The money from those and other defendants increased the DA's forfeiture account by more than two hundredfold and helped ease a tight budget. The county's former auditor has testified that at least a portion of it was spent on campaign materials, parades, holiday decorations, food, flowers, gifts and charitable contributions.

In one instance, a man accused of transporting 15 kilos of cocaine and more than $80,000 in cash got probation after forfeiting the money to the district attorney. When the Justice Department learned about the deal, federal officials regarded it as so outlandish that they took the rare step of building their own case.

In another case, a woman caught with more than $620,000 stuffed into Christmas presents walked away after reaching a similar agreement.

Russell, who has been district attorney in the county on the Texas-Louisiana border since 1999, did not respond to repeated requests for comment. She announced in June that she was resigning, effective at the end of the year, to care for her sick mother.

Law enforcement agencies across the country often seize money or property believed linked to criminal activity. If they can prove the link in civil court, authorities can take possession of it permanently. But it's highly unusual to make deals that provide suspects with freedom or leniency if they agree to forfeit their cash.