NCJ Number
116419
Date Published
1988
Length
15 pages
Annotation
This manual discusses the legal principles that must be addressed when pursuing civil forfeitures of proceeds obtained through narcotics trafficking.
Abstract
The advantages of civil forfeiture are discussed, with emphasis on the Federal standards and civil discovery procedures that aid the government in making its case. A lower standard of proof, for example, is helpful to law enforcement officials. Additionally, under Federal and some State laws, certainty in tracing proceeds deriving from narcotics trafficking is not necessary, and the burden of proof rests with the claimant and not with the government. The manual summarizes possible approaches under State laws, pointing out that some States have adopted the Federal approach to civil forfeiture. Factors necessary to trace proceeds to narcotics trafficking are discussed in detail and include close proximity, means of support, concealment efforts and commingled funds, pre-trial statements, narcotics records, and evasive trial testimony. The rationale behind undertaking a net worth analysis in complex cases is detailed, with a discussion of requirements laid down by the Supreme Court. The article concludes that asset forfeiture is an effective tool in combating large-scale narcotics trafficking. 86 footnotes.