NCJ Number
183552
Date Published
March 2000
Length
207 pages
Annotation
This document summarizes judicial decisions issued since 1992 that address civil and criminal forfeiture procedures; the materials are intended as a research tool and guide for Federal prosecutors.
Abstract
The topics covered in the civil cases include pretrial seizure, arrest, and restraint of property; the seizure of real property; administrative forfeiture; judicial forfeiture procedure; the scope of forfeiture; pretrial issues; trial issues; affirmative defenses; post-trial and other issues; and parallel civil and criminal forfeiture. Additional topics include policy directives, forfeiture and taxes, forfeiture and bankruptcy, constitutional issues, and substantive forfeiture statutes. Topics covered in the criminal cases include the scope of criminal forfeiture, criminal forfeiture procedure, seizure warrants, pretrial restraint of assets, retention of property seized with civil process, bifurcated proceeding, extradition, burden of proof, guilty please, special verdict, money judgment, and other topics. Decisions related to excessive fines focused on money laundering cases, proceeds cases, Eighth Amendment procedure, discovery, and other topics.