Hummer Forums by Elcova - Hummer forfeiture

State tries to force Hummer forfeiture
If Stephen Frankel is convicted of theft, the jury will decide if he must forfeit his vehicle.

Daily Record/Sunday News
Sep 26, 2006 ?
Stephen M. Frankel was buying a slushie for his then-pregnant wife when he was arrested for cocaine possession at a convenience store last year, his attorney said Monday.

Frankel was in York County Common Pleas Court on Monday to contest the forfeiture of his 2004 H2 Hummer that was impounded by authorities at the time of his arrest.

Frankel had been stopped inside the Cape Horn Road store by York Area Regional Police for outstanding parking tickets. Officer Michael Georgio said Frankel made a furtive move toward his ankle and an ensuing search revealed a baggie containing 5 to 6 grams of cocaine.

Inside the Hummer, Georgio found a pen tube bearing traces of cocaine, according to court documents.

Frankel pleaded guilty to simple possession of cocaine and two counts of possession of drug paraphernalia, all misdemeanors, in April. He was sentenced to 3 to 12 months in county prison, with the first 30 days in custody followed by a transfer to a secure rehabilitation facility.

The pleas included an earlier incident where he was found by police in a York area hotel asleep near a legally registered handgun with plastic baggies, a scale, a razor and a medical card all bearing traces of cocaine residue.

Frankel and his father, disbarred attorney Mark David Frankel, also are scheduled for trial on Oct. 30, facing multiple counts of theft for allegedly embezzling more than $1 million from their law firm's client escrow account.

Monday's forfeiture hearing was the result of a motion filed by the York County District Attorney's Office to seize the Hummer as the result of drug profits or drug trafficking.

Frankel's attorney, James West, argued the cocaine found on Frankel was for personal use and noted he did not plead guilty to possession of cocaine with the intent to deliver or sell.

After some discussion and several in-chambers meetings, Deputy Attorney General George R. Zaiser agreed not to seek forfeiture of the Hummer under the state's drug forfeiture law but instead under "common law forfeiture."

Instead of having a hearing to determine the vehicle's link, if any, to drugs or drug trafficking, the matter will be heard by the jury seated for the Frankels' theft trial.

Bucks County Senior Judge Edward G. Biester Jr., who was appointed to preside over the cases after the local court recused itself, said if Stephen Frankel is convicted of the theft charges, the jury then will determine if the Hummer was bought with money stolen from the escrow account.

According to Special Agent Timothy D. Shaffer's criminal complaint, Frankel withdrew $40,000 from the now-defunct firm in October 2004 and "... days later ... was driving a new Hummer ..."
Monday, Frankel told Biester he bought the Hummer for his wife because an infant car seat would not fit into his Porsche. :jump: West said Frankel traded the Porsche and $40,000 for the Hummer.