Party House Wanted

This story originally appeared on Tuesday, Oct. 2, 2007

WEST CHESTER — The Chester County District Attorney’s Office is seeking to take control of a former mushroom company executive’s posh Kennett home, arguing that it was used as a illicit haven for drug use in violation of state law.

Richard Basciani, a member of the Basciani Foods family, growers and sellers of fresh mushrooms in southern Chester County, pleaded guilty in November 2006 to drug possession charges stemming from a raid of his home by state police earlier that year.

Police seized a numbers of drugs, including marijuana, cocaine and Oxycontin, from the home. According to authorities, Basciani kept drugs, weapons and drug paraphernalia in a safe room in the Kaolin Road house where he held drug parties for local teens.

Now, almost a year from his sentencing, prosecutors have filed paperwork to seize the 113,932-square-foot home, complete with swimming pool, as well as 3.2 acres of land it sits on and $8,011 in cash police found during the raid.

In a petition filed Sept. 21, the prosecution states the property is subject to state forfeiture law because Basciani admittedly committed drug violations there.

Between Dec. 24, 2005, and Jan. 6, 2006, Basciani used, stored and delivered controlled substances to others on many occasions that were recorded on a security video system at the residence, the petition says.

Generally speaking, any property that is used in a drug transaction — such as a car or home — can be forfeited to authorities after a person’s arrest and conviction. The county can then use the proceeds from any sale or settlement on the property during further drug investigations.

But in many cases this action comes shortly after the prosecution ends. One of Basciani’s attorneys noted the length of time it took prosecutors to seize the property.

“I was surprised that this action came at this time,” said defense attorney Robert Donatoni, who represented Basciani during a plea agreement in the case. “It’s almost a year since the case was negotiated.”

No hearing has been set in the forfeiture petition. But last month the prosecution won a temporary injunction forbidding Basciani from transferring or selling the property.
Donatoni said he had just become aware of the forfeiture action and would be meeting with Basciani’s family later in the week to determine how to proceed.

Donatoni’s co-counsel, West Chester attorney Thomas Schindler, could not be reached for comment. But earlier this summer, Schindler helped negotiate the return of some guns and Basciani’s passport, which were taken during the state police search of the home.
Judge Howard F. Riley signed an order Sept. 4 allowing Basciani to reclaim these items, but the judge left open the question of what would happen to the $8,011 and made no mention of the prosecution’s claim on the property.

The property itself would bring a tidy sum on the open market. One West Chester real estate broker estimated its value at $450,000 to $650,000.

Assistant District Attorney Norman Pine filed the forfeiture action but declined comment
on the matter.

Basciani is serving a five- to 10-year state prison sentence for his crimes. In addition to
pleading guilty on drug charges, he admitted to corrupting minors and possessing firearms without a license. During sentencing, Basciani, 51, said he had undergone drug treatment programs to get better.

The case against Basciani began when a housekeeper at his property told police he had supplied her with drugs, sometimes after they had sex. During their search, police found video recordings of drug parties attended by teens Basciani had invited.

Assistant District Attorney Lorraine M.B. Finnegan prosecuted the case and called Bascini’s sentencing a benefit to the community.

“I’m happy that the community feels it is better off without the parties and drugs he provided,” she said. “It was a party house, and I’m happy that this put an end to that.”