NCJ Number
77611
Date Published
1981
Length
380 pages
Annotation
Written for State and Federal agents, prosecutors, and judges, this guide is designed to educate law enforcement professionals in the intricacies of both civil and criminal forfeiture law.
Abstract
Although forfeiture is an ancient doctrine that has survived for thousands of years, it has only recently become an established part of American law. Forfeiture is defined as the taking by the Government of property illegally used or acquired, without compensating the owner. In 1970, Congress passed the first criminal forfeiture statutes in U.S. history to permit the seizure of the illegal gains of organized crime figures. In 1978, Congress amended the civil forfeiture sections of Federal law to permit the seizure of all monies used in and all proceeds acquired from the illegal drug trade. Finally, in 1974, the U.S. Supreme Court reviewed the law and upheld it against constitutional attack. The guide states that, as a result, drug agents now have a very powerful weapon to strike at the profits of crime. In addition, law enforcement has the potential, through forfeiture, of producing more income than it spends. The guide presents a brief history of the law of forfeiture, followed by several chapters on civil forfeiture law. Discussion covers evidence and defenses (probable cause, hearsay, and the exclusionary rule) and nondefenses (innocence of an owner, entrapment, and illegal seizure). The various types of forfeitable property (e.g., drugs, containers, records, currency) are defined, and forfeiture proceedings, remission, and judicial review are also delineated in great detail. Next, the guide discusses criminal forfeiture, including the Racketeer Influenced and Corrupt Organizations Act (RICO) and asset seizures. A chapter on enforcement implementation describes practical problems facing agents who are investigating cases involving substantial drug-related assets. The last chapter presents a model forfeiture of drug profits act to aid States in amending their existing laws to permit seizure, forfeiture, and deposit of illegally acquired drug-related assets. The model act consists of amendments to the civil forfeiture section of the Uniform Controlled Substances Act, which has been enacted by 47 States. A table of cases, figures, and a bibliography of 16 references on RICO are provided.