University police are crossing their fingers a federal judge will award them a portion of nearly $40,000 seized from an Albuquerque man who was stopped near campus on Aug. 19.
An agent from the Drug Enforcement Agency said law enforcement officials have reason to believe the money, now being held as evidence by University police, comes from the sale of drugs. Under the Controlled Substances Act, a federal judge can order that any such money be forfeited.
UNM police say they seized the cash because it was suspicious for an individual to have such a large amount.
If the judge orders the seizure, the money will go to the general treasury of the United States and then the UNM Police Department can apply to receive up to 80 percent of it, said Steve Derr, assistant special agent in charge of the Albuquerque DEA office.
UNM Police took $39,785 in several denominations from Devon Loomis, 25, after stopping him near the intersection of Las Lomas Road and Yale Boulevard. The campus police report states that Loomis told police there was a large sum of money belonging to him in the vehicle. He agreed to let police search his vehicle.
The report states that Loomis said his father loaned him the money.
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"We have evidence that confirms otherwise," UNMPD Cmdr. James Daniels said. "We're checking with our University officials to make sure we're doing this properly."
If UNM police are awarded a portion of the money, it could be allocated to a variety of needs, or directly to the department's general budget, Daniels said.
Derr said the process his agency, in conjunction with the U.S. Attorney's office, is using to seize the money is civil in nature and that no criminal charges are involved.
"He (Loomis) has not been charged with any drug offense," Derr said.
Daniels said a federal judge must decide on the request for seizure within 60 days of the money being taken into evidence by campus cops. Otherwise, the money will be returned to Loomis.
But if the judge does order the money seized, and UNM police are granted a portion of it, University officials will have to sign their approval before campus cops see a dime.
"We must abide by University policies and procedures," Daniels said.
Police and the DEA do not know when federal authorities will examine the seizure request.
