NCJ Number
83809
Date Published
1982
Length
20 pages
Annotation
The Department of Justice believes that the proposed Senate Bill 2320 will enhance the use of forfeiture in racketeering and drug trafficking cases.
Abstract
Forfeiture is an important tool in the fight against drug trafficking and racketeering. Criminal forfeiture, although having its origins in ancient English common law, is relatively new to Federal criminal law. It differs from civil forfeiture in that it is a sanction directly imposed upon a defendant following his conviction. Congress first provided for criminal forfeiture when it passed the Racketeer Influenced and Corrupt Organizations (RICO) statute and the Continuing Criminal Enterprise statute in 1970. Limitations of these laws have kept forfeiture from being as effective a law enforcement tool as it can be; the proposed Senate bill would remedy many of these limitations. The bill would provide that the proceeds of racketeering activity are subject to an order of forfeiture. It would also create a new criminal forfeiture statute that would be applicable in all major drug prosecutions. The final part of the bill would establish a program for a 2-year trial period under which 25 percent of the amounts realized from drug-related forfeitures would be set aside and made available to persons providing information or other assistance that leads to forfeitures. Passage of the legislation would facilitate forfeitures in narcotics cases. Four footnotes are provided.