NCJ Number
143696
Journal
American Criminal Law Review Volume: 30 Issue: 3 Dated: (Spring 1993) Pages: 1025-1048
Date Published
1993
Length
24 pages
Annotation
This review of four Federal forfeiture statutes considers the seizure and custody of the forfeited asset, forfeiture procedures, and disposition of the property.
Abstract
Civil forfeiture is the process whereby the government acquires property connected to crimes through civil action. Such property may include contraband, articles used for the production or transportation of contraband, and any property traceable to the sale of contraband. Although forfeiture is authorized by more than 100 Federal statutes, this article focuses on four statutes. One of the statutes, the centerpiece for the Federal repertoire of forfeiture statutes, is section 881 of Title 21, the civil forfeiture provision of the Controlled Substances Act. providing for the extensive use of forfeiture against violators of Federal narcotics laws, both the U.S. Attorney General and the U.S. Postal Service may implement forfeitures under section 881. The second statute considered is section 981, which was added to Title 18 by the Money Laundering Control Act of 1986. It provides for the aggressive use of civil forfeiture for control of a number crimes. The remaining two statutes considered are the Tariff Act of 1930, which provides for the use of forfeiture by customs officials to prevent the importation of immoral articles, and section 509 of Title 17, which allows the Attorney General and designated agents to forfeit illegal reproductions of copyrighted materials and the equipment used to make those reproductions. The remainder of the article outlines forfeiture procedures, both in general and as provided for by the aforementioned statutes; details the methods by which the government seizes the relevant property; and explains the means of redress available to parties interested in forfeited property. 247 footnotes