Published on Friday, August 4, 2006
in the Naples Daily News

Prosecutors seek forfeiture of cash found in accused drug dealer's car

Javier Zavala, 35, of 2801 Holly Ave., Golden Gate, 34112, is jailed on a variety of drug possession and trafficking charges after investigators who had been tailing him arrested Zavala in a Bonita Springs bank parking lot.

His March 2 arrest was followed up Wednesday when federal prosecutors filed court documents asking that the $37,768 in cash found in Zavala's car be forfeited to the federal government.

"There's a good possibility ... that a good portion of the money could go back to FHP (Florida Highway Patrol) and the DEA task force," Assistant U.S.

Attorney Robert Barclift said Thursday. "Hopefully, it will act as a deterrent to those who would commit crimes, and it puts money back into law enforcement to fight those crimes."

According to forfeiture records, Drug Enforcement Administration agents were watching a Bonita Springs home on March 2 when they saw Zavala drive to a Walden Center Drive bank about a mile from the house. DEA agents called in FHP troopers, who later investigated a crash there when Zavala reportedly backed into another car while trying to leave the lot.

Inside a black bag in Zavala's car, troopers found marijuana, cocaine and prescription bottles containing oxycodone, Xanex, Propoxyphene Napsylate, methadone, tizanidine and one amphetamine tablet. Also in his car, troopers found a digital scale and $37,768, according to court records.

A confidential informant told investigators that Zavala kept money and drugs in this bag, and had said "It's what I do. I'm a traveling drug dealer," court records said.

A message was left for Zavala's criminal defense attorney, Robert Harris, but he could not be reached for comment.

Zavala's drug possession trial is scheduled for Sept. 11 in Lee County Circuit Court. He is being held in the Lee County jail.

Even if defendants are acquitted in criminal cases, they still may lose items in their civil forfeiture cases. Defendants in forfeiture cases often lose money, cars, boats, homes and computers.

"We've taken airplanes, tractor trailer rigs, businesses," Barclift explained. "There was a time when the Middle District of Florida was able to get racehorses.

Musical equipment was seized in Jacksonville (in a case)."

Assistant U.S. Attorney Anita Cream, who heads up the forfeiture division in Tampa, was unavailable for comment Thursday, and questions were referred to U.S. Attorney's Office spokesman Steve Cole. Cole could not be reached for comment.

"If folks are likely to lose the fruits of their crime, there may be those who say, 'I'm not going to do it,' " Barclift said.