NCJ Number
164128
Date Published
1996
Length
388 pages
Annotation
This guide provides fast access to all forfeiture court cases published from 1989 through June 1996; a supplemental newsletter summarizes forfeiture court cases published in August 1996.
Abstract
Cases are summarized under various topics related to forfeiture statutes and procedures. Summaries of cases pertinent to forfeiture statutes, generally, are followed by cases that relate to the vagueness and overbreadth of forfeiture statutes. Another category of court cases addresses administrative and summary forfeitures, generally. Cases on pretrial seizure or restraint of property in both civil and criminal proceedings are also summarized. Cases on forfeitable property, generally, pertain to nexus to illegal activity; facilitating property and contraband; proceeds; real property; cash, checks, money orders, bank accounts, securities, etc.; businesses; vehicles, vessels, aircraft; and property forfeitable in money laundering and currency reporting cases. Cases on civil forfeitures encompass jurisdiction and venue, claimant's standing, relation back doctrine, notice of forfeiture, timeliness, sufficiency of pleadings, discovery, stays of proceedings, and summary judgment. Other cases pertain to defenses to civil forfeiture, judgments and post-judgment relief, appeals in civil forfeiture cases, criminal forfeitures, appeals in criminal forfeiture cases, effect of settlement and plea agreements, and constitutional issues. Other court case topics are double jeopardy; remission and mitigation; liability of governm ent, its agents, and attorneys; the distribution of forfeiture proceeds; and international issues. A table of cases and a descriptive word index