Translate to:

<img src="https://www.esvaplan.org/wp-content/themes/a-npdc/assets//images/placeholder.png" />

AG Opinion – Can the City of Hampton Using Its Police Powers Conduct a “Churning” Operation and Can the City Spend the Money?

By accomacknpdc

<img src="https://www.esvaplan.org/wp-content/themes/a-npdc/assets//images/placeholder.png" />

This question is in response to the “churning” operation to sell tobacco products to bootleggers who were carrying the tobacco to high tax states for resale. The operation, Blue Water Tobacco, was run by the ATF, who abandoned the operation in October 2010, and the City of Hampton and was shut down in January 2012 after approximately $4 million went through the operation. It appears no arrests were ever made. Over $80,000, somehow related to Hampton’s operation, was siezed by state police on the Eastern Shore in Exmore in January 2012. Some $750,000 remains in Blue Water Tobacco accounts. For full details on the story, the Daily Press has a timeline of stories. The AG has produced an opinion on the resolution of this matter.

The conclusion of the questions in this matter are the City of Hampton does, under police powers, have the authority to conduct a churning operation. The AG further states that the funds must be spent in accordance with the laws of Virginia in expenditure of public funds but cautions the City as to establishing ownership of the funds according to the Memorandum of Understanding with the ATF. The funds, if ownership is established, will be for the use of the city. For full details, please read the opinion.

The Accomack-Northampton Planning District Commission (A-NPDC) fully complies with Title VI of the Civil Rights Act of 1964, the Civil Rights Restoration Act of 1987, Executive Order 12898 on Environmental Justice, and related nondiscrimination statutes and regulations in all programs and activities.

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, or national origin in programs and activities receiving Federal financial assistance. Specifically, Title VI provides that "no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance." (42 U.S.C. Section 2000d).

A-NPDC’s website, www.esvaplan.org, may be translated into multiple languages. Publications and other documents can be made available in alternate languages and formats upon request. A-NPDC public meetings are always held in ADA-accessible facilities and in transit-accessible locations when possible. Auxiliary services can be provided to individuals who submit a request at least seven days prior to a meeting. Requests made within seven days will be accommodated to the greatest extent possible. Any person who believes they have been aggrieved by an unlawful discriminatory practice by A-NPDC under Title VI has a right to file a formal complaint. Any such complaint may be in writing and filed with A-NPDC and/or the appropriate state or federal agency within 180 days of the alleged discriminatory occurrence. For more information on A-NPDC’s Title VI program, or to obtain a Title VI Complaint Form, please call (757) 787-2936 or email [email protected].