STATE NOW LOOKING AT SEIZED $2 MILLION

Investigators Say Some Of The $781,000 Seized From A California Man
Is Now Missing

The state has expanded a criminal investigation into allegations of
missing money at the Dallas County Sheriff's Department to cover
about $2 million seized in drug cases over the past five years, a
state agent said Monday.

The probe has so far focused on more than $781,000 in alleged hidden
cash taken from an out-of-state driver who was stopped near De Soto last month.

Some of the money allegedly vanished between the time it was
discovered and its arrival at the sheriff's office, where it wasn't
counted until the next day.

Court records show Sheriff Brian Gilbert was in charge of
transporting and counting the cash. Agents searched Gilbert's home
last week, but no charges have been filed.

John Quinn of the Iowa Division of Criminal Investigation, said the
investigation will look specifically at other examples in Dallas
County of so-called "disclaimer" money, in which suspects waive their
right to the cash even though they are not charged with a crime.

It is one of two methods authorities use to seize money from
suspects. Cash is also awarded to local officials through court
action after a conviction. Records from both will be examined, Quinn
said. The department's evidence room will be part of the investigation.

Dallas County officials on Monday would not turn over footage from a
dashboard camera that recorded the March 15 traffic stop, in which a
blue Audi with Illinois license plates was pulled over on Interstate
Highway 80 near De Soto at about 1 p.m.

Authorities can withhold the footage if it is considered part of a
criminal investigation.

Court documents allege that photographs taken at a state garage where
the car was searched showed 27 plastic packages of cash, but that
photos taken later at the sheriff's department showed 26. The 26
packets totaled $781,724, documents said.

The money remains in a safe at the sheriff's department, Chief Deputy
Kevin Frederick said.

Gilbert reportedly told investigators that he stopped at home briefly
to close a garage door on his way to the sheriff's office with the
cash. When the packets were unloaded at the office, Deputy Scott
Faiferlick said he noted that one was missing. He mentioned it, court
documents show, and "someone replied to him, 'It is all there.' "

Officials on Monday would not release "trophy" photos taken March 16
that show the deputies with the money.

Gilbert's house was searched Thursday by state agents who took a
computer and papers. Frederick said Gilbert is on vacation, but that
he called for the investigation before he left. Gilbert could not be
reached Monday for comment.

His attorney, Montgomery Brown, said the sheriff plans no public
statement about the case. Brown declined to discuss specifics of the
case, but suggested that some deputies might have tried to tarnish
Gilbert's reputation to advance their own careers.

"It's common knowledge that there's pretty significant politics and
alliances historically in the Dallas County sheriff's office," Brown said.

He would not elaborate.

Frederick said "there is the simple fact that the office of sheriff
is elected. If that makes it political, that will be determined by .
. . the investigation."

Police and sheriff's departments across the country have used
forfeiture laws to acquire millions of dollars in cash, cars and
other property from people involved in drug dealing or other crimes.

Almost $1 billion in cash, cars, boats, real estate and other
property was forfeited last year. Most of it was labeled as
drug-related, and much of it ended up with local agencies, which
spend the money on equipment and training.

State auditors in 1999 told Dallas County sheriff's officials to
change the way they accounted for forfeited property. Auditors said
the money should be put in a special account controlled by the Board
of Supervisors. No evidence was found that the cash had been
improperly handled.

Supervisor Brad Golightly said the system was changed so that
forfeited cash once held in a local bank account now becomes part of
the county budget, and that sheriff's officials must ask the board
for permission to spend it.

Frederick said the department has seized about $2 million since 2001.
About $200,000 was spent recently for in-car computers for the
deputies, and miniature tape recorders. As of Monday there was
$174,000 left in the special fund, county officials said. The amount
does not include the March 15 seizure.

Meanwhile, the allegations of missing cash are "the buzz of the
town," said Vicki Harrington of Adel as she worked Monday at her
coffee shop, Cool Beans.

"I'm cynical enough about politicians in Washington; I don't want to
have to become cynical about officials here," Harrington said.

As for Gilbert, she said, "I would certainly give him the benefit of
the doubt."

"He's been with the department so long," Harrington said. "I hope
they find it's a misunderstanding of some sort."

Diana Bonus of Adel agreed that Gilbert should not be prematurely
blamed, but added: "He shouldn't have stopped at home" with the seized money.