NCJ Number
199120
Date Published
January 2003
Length
308 pages
Annotation
This compilation of recent Federal cases of civil and criminal forfeiture provides instruction in forfeiture procedure based on updated law and case law.
Abstract
Part I addressed procedures for civil forfeiture, which involve an in rem action against property itself and is not conditioned on the culpability of the owner of the defendant property. The major sections of Part I focus on procedures for the seizure of property for civil forfeiture, administrative forfeiture, judicial review of administrative forfeiture, adoptive forfeitures, the seizure and forfeiture of real property, pretrial restraining orders, and judicial forfeiture. Other sections on civil forfeiture explain dispositive pretrial motions, pretrial procedural issues, the nexus between the property and the offense, standing and ownership, the innocent-owner defense, trial procedures, and post-trial and other issues. Sections on civil forfeiture also discuss parallel civil forfeiture and criminal prosecution, the application of the Civil Asset Forfeiture Reform Act of 2000, forfeiture and restitution, policy directive, forfeiture and taxes, forfeiture and bankruptcy, obtaining financial records, constitutional issues, substantive forfeiture statutes, when forfeiture is unnecessary, and international forfeitures. Part II explains procedures for criminal forfeiture. A section on the scope of criminal forfeiture notes that criminal forfeiture requires a conviction, and only property involved in the offense of conviction may be forfeited; this may only be property owned by the defendant. Among the topics discussed in criminal forfeiture procedure are seizure warrant, pretrial restraint of assets, the retention of property seized with civil process, indictment, bifurcated proceeding, and burden of proof for criminal forfeiture. Other issues addressed include clear title to forfeited property, investigation to locate forfeited assets, double jeopardy, and property subject to forfeiture. Part III contains sections on excessive fines, noting that both criminal and civil forfeitures are limited by the Excessive Fines Clause of the Eighth Amendment.