NCJ Number
194201
Date Published
February 2002
Length
280 pages
Annotation
This document provides recent Federal case outlines for civil and criminal forfeiture procedure.
Abstract
This compilation does not contain all of the published decisions on the topics covered, but it does contain descriptions of the vast majority of the cases that have been decided since 1992. The law regarding civil forfeiture procedure underwent enormous change as a result of the Supreme Court’s consideration of no fewer than 10 forfeiture cases in the next 7 years. While criminal forfeiture has been around since 1970, virtually all criminal forfeiture cases have been decided since the early 1990's. The enactment of the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 means that much of the old case law is now obsolete. The readers should take note of whether a cited case was decided under pre-CAFRA or post-CAFRA law. Part I provides information on civil forfeiture. This includes seizure of property, administrative forfeiture, judicial review, adoptive forfeitures, pretrial restraining orders, dispositive pretrial motions, pretrial procedural issues, standing and ownership, the innocent owner defense, post-trial and other issues, bankruptcy, and constitutional issues. Part II presents information on criminal forfeiture. This includes the scope of criminal forfeiture, procedure, seizure warrants, pretrial restraint of assets, indictment, burden of proof, money judgment, substitute assets, right of third party to object to the forfeiture, discovery in the ancillary proceeding, double jeopardy, and prosecutorial immunity. Part III describes the Excessive Fines Clause of the Eighth Amendment, money laundering cases, facilitating property, Eighth Amendment procedure, and discovery on Eighth Amendment issues.