When the Vinton County Fair was canceled because of the pandemic, County Prosecutor Trecia Kimes-Brown wrote $100 checks to every child who completed a 4-H project this year. She did so in the name of anti-drug education through her Law Enforcement Trust Fund (LETF) account.
The move stoked the ire of Vinton County Auditor Cindy Waugh, who did not like the fact that Kimes-Brown gave cash directly to people right before her reelection campaign. (Though Kimes-Brown eventually lost anyway.)
The death of Breonna Taylor this year renewed interest in police forfeiture raids, and Eye on Ohio asked every prosecutor about their LETF accounts, the fund that benefits from seized cash. Eye on Ohio found:
- A lot of money goes to anti-drug education. But the definition of 鈥渁nti-drug education鈥� varies enormously between counties.
- Some accounts are (legally) held outside of the county鈥檚 treasury. Unlike most accounts that are approved by the county auditor, these are only reported once a year, to the state auditor and county treasurer.
- A lot of LETF money goes to the Ohio Prosecuting Attorneys Association. They will not (and don鈥檛 have to) disclose where that money goes.
- Unlike some states that have changed their procedures, Ohio , though Ohio Attorney General David Yost has called for stricter guidelines.
In Ohio, property seized from suspected crime scenes (for example, purported drug money) can be used to benefit the prosecutor鈥檚 office and the law enforcement agency that conducted the investigation.
Most Ohio Prosecutors and Sheriffs have LETF accounts established to accept these funds. Many have also established them as 鈥渙utside鈥� accounts, meaning it was established as a personal checking account that does not require expenses to cross the county auditor鈥檚 desk for approval and payment.
Outside Accounts
Elected officials in law enforcement holding outside accounts is nothing new. Another account is also historically held outside: the Furtherance of Justice Account (FOJ).
The statute for this account was established in 1967 and allowed county sheriffs and prosecutors money 鈥渋n addition to all salary and allowances otherwise provided by law, an amount equal to one half of the official salary... for the expenses which may be incurred by him in the performance of his official duties and in the furtherance of justice.鈥�
The intention of this account is to pay informants, or to provide undercover resources such as money for purchasing drugs for a sting. Since such operations can occur after business hours, law enforcement then has access to money when it鈥檚 needed.
However, the FOJ fund is a fund that鈥檚 replenished annually. Elected officials must pay unused amounts into the county treasury at the end of the year and submit receipts for what was spent.
Waugh, a prominent Republican in Vinton County, said she was not happy when Kimes-Brown, then the County鈥檚 most prominent Democrat, moved her LETF fund to an account outside county control last year.
Kimes-Brown said she moved her LETF account outside after she received from the Ohio Prosecuting Attorneys Association (OPAA). The memo recommends, based on a discussion of the OPAA Executive Committee, that LETF funds should be outside accounts.
Eye on Ohio sought further clarification. Officials declined to comment. Eye on Ohio filed a public records act request for correspondence preceding the meeting. The OPAA argued that, as a private, nonprofit membership organization, they were not a government entity subject to the Public Records Act.
Several prosecutors, a year later, said they still keep their LETF funds as inside accounts.
Until this memo, Kimes-Brown kept her LETF account as an 鈥渋nside account鈥� with the oversight from Vinton county auditor, Cindy Waugh. Waugh did not approve of moving the account outside of her purview but could not stop the move.
鈥淭he County Auditor approves expenditures before they go through to ensure there鈥檚 proper public purpose," Waugh said, adding that moving any account outside the county removes that layer of accountability.
Many county officials pay for OPAA membership dues from the FOJ account. Kimes-Brown paid her OPAA dues of $3,489 from her FOJ account along with other OPAA training which is a common use of the FOJ fund.
History Of Misuse And Abuse
FOJ accounts with little oversight have had a checkered past in Ohio. For example:
- The 2002 case of former Fairfield , State Law changed in 2005 due to the DeMastry case. Now, if a prosecutor or public official is charged with a felony in state or federal court, they can be if the charges relate to their job.
- In 2010, former used approximately $5,000 in FOJ Funds and also used a credit card linked to his FOJ account for personal use. He bought several items including Cedar Point tickets, medicine prescriptions and clothing. Bratton was sentenced to one year probation and had to pay a $1,000 fine. Bratton had stepped down as sheriff in 2011 to become the Village of Genoa鈥檚 police chief, resigned.
- In April 2012, former Delaware County Sheriff Walter L. 鈥� resigned and agreed to repay $1,331 he spent from his FOJ account and agreed to never serve in office again.
- Knox County Sheriff pleaded no contest in April 2009 to the misdemeanor charge of dereliction of duty for illegally borrowing $1,042 from his office鈥檚 Law Enforcement Trust Fund account. Barber spent the money on signs and radio commercials for his 2004 re-election campaign. Though he apologized and repaid what he borrowed, Barber was fined $500 for mishandling the account. He was able to keep his job and was praised for his handling of a gruesome triple homicide that gained national attention in 2010. Barber retired in 2012 and died by suicide April 2, 2017.
- Athens County Prosecutor Keller Blackburn fell under investigation in 2016 for frequently indulging in high price $90 dinners while attending his training sessions 鈥� all paid with his FOJ account.
Many times, expenditures are not illegal, but they stretch the definition of what it means to act in the spirit of 鈥渇urtherance of justice.鈥�
鈥淟aw and common sense are not always the same,鈥� said Waugh.
The spending of these funds is left to the discretion of the account holders. The FOJ account has to be spent in the 鈥減erformance of official duties鈥� and in 鈥渢he furtherance of justice.鈥�
The LETF account, on the other hand, has 10% of the funds must be used for drug use prevention education. The rest can be used to pay the costs of investigations and prosecutions, provide training or expertise, and to provide matching funds to obtain federal grants that aid law enforcement.
Funds from this account cannot be used to meet the operating costs of the Prosecuting Attorney's Office that are unrelated to law enforcement. But it is unclear as to what expenses would be considered unrelated to law enforcement in a prosecutor or law enforcement officer鈥檚 job.
鈥淐ivil forfeiture creates perverse incentives to take property from people who have done nothing wrong, and the same law enforcement entities that seize property also benefit financially," said Robert Johnson, senior attorney at the Institute for Justice. "And those incentives are even more troubling when funds are spent without any oversight or public scrutiny.鈥�
Stephen Haller, Greene County Prosecutor, said he鈥檚 an advocate for discretion because 鈥渢hat鈥檚 what I鈥檓 elected to do is to make those kinds of decisions. I think that is my responsibility to my electorate, to make those kinds of calls.鈥�
The law states elected officials should make decisions 鈥渁fter receiving and considering advice on appropriate community preventive education programs from the county鈥檚 board of alcohol, drug addiction, and mental health services; from the county鈥檚 alcohol and drug addiction services board; or through appropriate community dialogue.鈥�
Haller agrees prosecutors should rely on experts available to them.
鈥淚 don鈥檛 necessarily believe that I know the best programs,鈥� he said. 鈥淚 reach out to my partners in the Mental Health and Recovery Board and try to get some ideas from them.鈥�
Haller also said that every county should have a written policy on how their LETF account is used.
鈥淚 know that policy can be as broad as repeating the statute or it could be a little more specific, but I think that鈥檚 the place to start," Haller said.
Giving Checks To Children
On the surface, Kimes-Brown鈥檚 decision to donate money directly to children looks careless, even politically motivated 鈥� since she was up for reelection this year.
鈥淧eople read headlines like 鈥楥ounty Prosecutor Donates $12,000鈥� and think, 鈥榯hat鈥檚 very sweet of her,鈥欌€� Waugh said, but 鈥渢hat鈥檚 not her money to do that with.鈥�
But when you ask Kimes-Brown about the creative ways she鈥檚 spending money, she responds that she's trying to save the community she鈥檚 worked in for the past 20 years.
鈥淚 don鈥檛 see how we change the world but through children,鈥� she said.
The donation to 4-H was not this prosecutor's first creative program. In 2019, right after Kimes-Brown moved her LETF account to an outside account, she gave a car to a high school senior in an anti-drug program contest. Seniors were eligible after completing a year-long drug program based on a similar program out of neighboring Ross County.
Butler County also had a giveaway 鈥� they purchased bicycles for kids who completed their DARE project. Kimes-Brown organized her program 鈥淒riven to Succeed鈥� through the school. So when COVID-19 hit and schools shut down, so did the in-school 2020 drug program that the prosecutor had planned.
What also shut down was the county fair. Kimes-Brown, a former 4-H kid herself, understood what a devastating hit this was to her community.
鈥淭he benefit in 4-H is that you are in a drug-free education program,鈥� Kimes-Brown said. 鈥淚 pledge my head to clearer thinking, right?鈥�
This 4-H pledge is said at every meeting: 鈥淚 pledge ... my head to clearer thinking, my heart to greater loyalty, my hands to larger service and my health to better living for my club, my community, my country, and my world.鈥�
Kimes-Brown believes the drug-free mindset is embedded in everything 4-H does.
鈥淭here are good things that come to kids who are drug free," Kimes-Brown says. "There are good things that come to kids who participate in prosocial programs."
She said she wants to encourage prosocial activities that help kids navigate through adolescence, especially in the time of COVID-19 and a drug epidemic. 鈥淭he idea of these programs is to get kids to turn to something other than drugs. 4-H is one of them," she says.
Kimes-Brown reached out to Travis West at Ohio State University鈥檚 Vinton County Extension. West was trying to figure things out himself: 4-H programming is strong from March to May, and he鈥檚 usually in the schools preparing for the fair.
West understands what a financial blow losing the fair was to these kids and their families. Agricultural projects in particular are year-long investments of purchasing and rearing an animal in preparation for the county fair, where the animal is sold and some of that money is recovered.
West remembered when he was in 4-H as a kid, his parents told him if he didn't make any money on my project, then 鈥渢here鈥檚 no project next year.鈥�
鈥淭he majority of our families are in that situation," West says.
The money needed to go directly to the kids instead of programming because, West said, 鈥渨e have a pretty healthy budget. We鈥檙e funded from the property tax levy.鈥�
West felt that because Kimes-Brown was sending a along with drug-free when school was shut down, 鈥渋t was one way to reach some kids that we would normally reach through in-school programming.鈥�
Uses For LETF Funds
A wide range of programs receive donations thanks to county prosecutors. In some counties, it鈥檚 as easy as donating to the Sheriff's DARE program.
鈥淲e are a relatively small rural county and forfeiture actions do not generate a lot of revenue here," said Monroe County Prosecutor James Peters. "For that reason, I have historically elected to allow all such funds received to be deposited in our local Sheriff鈥檚 Department鈥檚 LETF. Our local Sheriff鈥檚 Department does put on our local DARE program.鈥�
Ross County donated to DARE as well, and to the Chillicothe Paints Baseball Team. Brown County sponsored an event with , author of the book Dreamland. Butler County purchased merchandise with anti-drug messages on them to distribute at the county fair and also bought anti-drug ads for the high school prom and sports games.
Vinton County, the smallest county in the state of Ohio, does not have a DARE program. It has no jail and no rehab center, but it has also been hit hard by the .
鈥淚鈥檝e had more overdose deaths since the coronavirus started than in the last five years put together,鈥� said Kimes-Brown, who says she's also lost two young people to suicide this past summer.
Unlike larger counties where many prosecutors exist for different courts, Kimes-Brown sees it all: 鈥淭he luxury of being me in this job is that I handle every case that comes through the door.鈥� With that, Kimes-Brown said, 鈥渢here is a great ability here to work with families. We can work with them from all perspectives.鈥�
It still raises the question: Should anti-drug education dollars be given directly to children?
鈥淭hese things would have never gotten approved by me鈥� had they been requested from an inside account, Waugh says. 鈥淭he prosecutors and the sheriffs outside accounts have very loose guidelines.鈥�
Louis Tobin, executive director of the Ohio Prosecuting Attorneys Association, disagreed with Waugh. 鈥淭here is already sufficient transparency and oversight of the use of these accounts,鈥� Tobin said.
In 2018, the OPAA received $408,819 in membership dues and another $281,987 for providing training and meetings. Reports obtained by Eye On Ohio show many Ohio counties paid for OPAA workshops and dues from their LETF and FOJ accounts.
Outside Account Audits
Prosecutors are required to file a report through the county treasurer and state auditor by the end of each January along with receipts of their FOJ and LETF expenditures. The state auditor has discretion to audit accounts.
Eye On Ohio requested records of any complaints or investigations regarding Kimes-Brown, but received this response: 鈥淚t has been determined that this office has no public records responsive to your request."
However, according to Waugh, the Ohio Auditor assured her that they are looking into Kimes-Brown's spending of her outside accounts. 鈥淚 can only hope there will be a finding for recovery in her near future,鈥� Waugh said.
Waugh did not believe Kimes-Brown was acting in the interest of the county. 鈥淢y prosecutor, in my opinion, is taking the sentence 鈥榗an be used for drug education鈥� and exploiting it to run her campaign for re-election.鈥�
Kimes-Brown was defeated by her Republican challenger. No Democrat won in the November 2020 election in Vinton County, even as an incumbent.
Kimes-Brown did reach one important goal this fall in her quest to provide relief for the county's addiction crisis. With the help of Becky Nesbitt from the Ohio State Extension, they brought together a forum of school officials, law enforcement officers, mental health agencies, health department members, and many others to create an to write an Epidemic Strategic Recovery Plan.
One of the main issues raised was the lack of available bed spaces for those involved in active addiction and recovery. , which serves individuals in the criminal justice system who struggle with substance abuse and mental health disorders, stepped up to offer its own financial investors to build a facility in Vinton County. Ground-breaking took place September 28, 2020.
鈥淚 still believe to this day that, in a county of roughly 13,000 people, if we can鈥檛 fix our problems here with the drug epidemic then there is no hope for the rest of the world," Kimes-Brown says. "There are 13ish elected officials in this building, and if we can鈥檛 come together to fix the problems related to the drug epidemic, then there's no hope for the 400 people in Washington, D.C. sitting in Congress."
This article is from, the nonprofit, nonpartisan Ohio Center for Journalism. Please join their, as this helps provide more public service reporting.
