Family wants confiscated money returned
A Butler Township family is asking a judge to return more than $80,000 that authorities seized during a drug raid at the family's home last year, but prosecutors argue the money was made through drug activity and should be seized.
On Sept. 13, county narcotics officers raided a house on East Muntz Avenue where three people lived, and allegedly found 494 THC cartridges, a little more than one pound of marijuana, 10 vials of THC wax and three plastic baggies of hallucinogenic mushrooms. Additionally, MDMA, also known as ecstasy or molly, and LSD were allegedly found.
Authorities said they also turned up $87,712, and prosecutors allege this money was made through illegal means.
The home's residents — Nicanor Andrada, 41; his wife, Yolanda C. Andrada, 40; and her son, Gavin J. Hunter, 22 — were hit with felony drug charges. But they argued, in a forfeiture matter, that the money should be returned to them because, they claim, the money was made through legal employment.
Seizure requests are typical in criminal cases in which prosecutors believe that money found was gained through illegal means. Typically, a judge would order the funds to be given to the Butler County District Attorney's Office, but the family in this case is challenging this.
“The amount of marijuana, THC cartridges, THC wax and psilocybin mushrooms seized, along with the presence of packing and processing paraphernalia, show that the drug evidence was being processed for sale,” police said in charging documents.
The family members are charged with four counts of possession with intent to deliver a controlled substance and conspiracy, both felonies, and a misdemeanor count of possession of drug paraphernalia.
Hunter also is charged with two misdemeanor counts of possession of a controlled substance.
In court documents over the government's seizure of the cash, Assistant District Attorney Ben Simon wrote that the money was found near the marijuana and THC vapor cartridges, and that the money was used or intended to be used for drug deals. Simon concludes that the money is contraband and subject to being confiscated by the government.
In Nicanor Andrada's challenge, written through his attorney, David Shrager, he writes that “while drugs were found in the home, (Nicanor Andrada) denies any illegal transactions taking place at the residence where the currency was seized.”
Nicanor Andrada is a journeyman boilermaker/welder with a union, according to the filing, and the money in question was made through his work with the union. He asks the judge assigned to the case, Timothy McCune, to give him the money back.
Yolanda Andrada makes a similar argument, claiming that the money is the result of years of savings and money earned by her and other family members.
Hunter too argues the money was gained through his legal employment.
The case is ongoing, with further court dates set for the winter. Simon declined to comment on the case.
