What are the different types of forfeiture?
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
What is the legal term of forfeiture?
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.
What law expanded the forfeiture laws to include white collar crimes?
The Forfeiture Act was again amended in 1984 through the Comprehensive crime control act that expanded seizure from personal chattels to forfeiture of real property including land and buildings, used to store or produce illegal drugs.
What is the difference between civil and criminal forfeiture?
In criminal forfeiture, the government takes property after obtaining a conviction, as part of the defendant’s sentence. In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime.
Is civil forfeiture unconstitutional?
The United States Supreme Court has upheld the principle of civil asset forfeiture at the federal level. The Court ruled in Austin v. United States (1993) that such civil forfeiture, treated as punitive actions, are subject to the Excessive Fines clause of the Eighth Amendment. The Supreme Court ruled in Timbs v.
What is an administrative forfeiture?
Administrative forfeiture is an in rem proceeding that allows a federal government agency to forfeit property without filing a federal case, involving a judge, or doing any court litigation for that matter.
What did the Comprehensive crime Control Act of 1984 do?
The bill’s main sections cover bail, sentencing reform, forfeiture of assets, the insanity defense, penalties for drug law offenses, federal grants and other assistance in the area of criminal justice, and transfers of surplus Federal property to States or localities.
How is civil forfeiture constitutional?
Civil forfeitures are subject to the “excessive fines” clause of the U.S. Constitution’s 8th amendment, both at a federal level and, as determined by the 2019 Supreme Court case, Timbs v. Indiana, at the state and local level.
When did American forfeiture laws start?
In 1986, the first year the U.S. Department of Justice Assets Forfeiture Fund was in place, it seized and forfeited $93.7 million in property and assets. By 2014, that number had increased to $4.5 billion. Still, forfeiture laws were expanded yet again in 1986 with the Anti-Drug Abuse Act.
What is the proceeds theory of forfeiture of property?
Most federal crimes giving rise to forfeiture do so under the proceeds theory, whereby any money or property directly or indirectly traceable to the underlying crime is subject to forfeiture. Thus, if the money earned while committing a predicate crime was used to buy a home or car, those properties would be subject to forfeiture.
What happens if a court finds property is subject to forfeiture?
If the court finds that property is subject to forfeiture, it must promptly enter a preliminary order of forfeiture setting forth the amount of any money judgment, directing the forfeiture of specific property, and directing the forfeiture of any substitute property if the government has met the statutory criteria.
What is asset forfeiture and how does it work?
Federal asset forfeiture laws permit the government to take title to money and property belonging to criminals based on proof often developed in conjunction with an overall investigation. Unfortunately, asset forfeiture often is neglected or misunderstood, thereby allowing criminals to enjoy the fruits of their crimes even after conviction.
What are the main federal statutes governing forfeiture?
The main federal statutes governing forfeiture are 18 U.S.C. § 981 (civil forfeiture), 18 U.S.C. § 982 (criminal forfeiture), 21 U.S.C. § 881 (drug trafficking civil forfeiture), and 21 U.S.C. § 853 (drug trafficking criminal forfeiture). 7 U.S. CONST. amend.