Attorney General Gordon J. MacDonald provides the following update regarding the forfeiture action captioned In re: Two Thousand Three Hundred and Sixty-One in U.S. Currency, which was brought in Strafford County Superior Court. This matter was the subject of media inquiries in December 2017.

On October 17, 2017, based on evidence obtained during their investigation, members of the Strafford County Drug Task Force stopped a car in which the passenger was in possession of $2,361.00. After executing a search warrant on the car, officers found a hollowed-out can with a removable bottom—known through the training and experience of law enforcement as the type of container used to conceal controlled drugs. Inside the removable bottom the police observed a residue which they suspected was a controlled drug.

The Strafford County Drug Task Force seized the $2,361.00 as potentially subject to forfeiture under RSA 318-B:17-b. That statute authorizes the seizure of money which is "knowingly used or intended for use" in committing felonious drug crimes and all proceeds traceable thereto.

On December 14, 2017, pursuant to RSA 318-B:17-b,II(e), the State filed a petition to forfeiture the money. The statute mandates that a petition to be filed within 60 days of the seizure.

On January 3, 2018, the New Hampshire State Police Forensic Laboratory completed testing on the hollowed-out can and no controlled drugs were found. Thus, on January 11, 2018, the State filed a non-suit of the pending forfeiture action thereby allowing the return of the money. By court notice dated today, the court granted the State's motion.