NCJ Number
137994
Date Published
1992
Length
2 pages
Annotation
This paper discusses the history and purpose of forfeiture, protections against abuse of the forfeiture power, indications of the propriety of civil forfeiture, and the importance of civil forfeiture.
Abstract
Federal law provides that the profits and proceeds of designated crimes, as well as property used to facilitate listed crimes, is subject to forfeiture to the government. Civil forfeiture laws also provide an "innocent owner" defense, whereby the owner of seized property can recover the property upon a showing that the criminal use of the property was not the result of any act or omission by the owner. As protection against abuse of the forfeiture power, no property may even be seized for purposes of forfeiture unless the government has probable cause to believe it is subject to forfeiture. Although the law does not require it, U.S. Department of Justice policy requires that seizures should not be executed until a neutral and detached magistrate has made an independent finding of probable cause and issued a Federal seizure warrant. Civil forfeiture has been particularly effective in undermining drug enterprises. Although drug kingpins are quickly replaced by their subordinates, the seizure and forfeiture of their airplanes, vessels, automobiles, stash houses, and cash hoards can cripple a drug syndicate. Civil forfeiture is one of the most promising alternatives to costly incarceration. It provides significant resources to the government and undermines criminal operations.