NCJ Number
147591
Journal
Criminal Justice Volume: 8 Issue: 4 Dated: (Winter 1994) Pages: 14-19,56- 57
Date Published
1994
Length
8 pages
Annotation
Federal asset forfeiture is discussed.
Abstract
Federal asset forfeiture, a frequently misunderstood and controversial legal remedy for violations of certain Federal statutes, is a statutory process that incorporates due process safeguards mandated by Congress to separate proceeds and instrumentalities of crime from the criminal. It has become the most effective remedy for removing the economic base of major crimes for profit involving intricate financial structures, including the sale of illegal drugs and money laundering. This article discusses the historical background of forfeiture in modern law enforcement and examines administrative forfeiture, civil judicial forfeiture, and criminal judicial forfeiture procedures. Also included are brief discussions of the innocent ownership defense, the petition process, and the expedited settlement for innocent lienholders.