NCJ Number
83805
Date Published
1982
Length
24 pages
Annotation
The Deputy Associate Attorney General discusses forfeiture as a necessary tool in fighting drug trafficking and racketeering and proposes strategies for making the forfeiture concept more effective.
Abstract
Criminal forfeiture is a sanction directly imposed upon defendants following their convictions. Congress first allowed criminal forfeiture when it passed the Racketeer Influenced and Corrupt Organizations (RICO) statute and the Continuing Criminal Enterprise statute in 1970. Forfeiture can be a powerful tool in separating racketeers and drug traffickers from their sources of economic power. However, limitations of the current laws and major practical problems have kept forfeiture from being as effective a law enforcement tool as it can be. Amendments to the RICO statute are proposed to remedy this situation. The Department of Justice (DOJ) proposes to specifically provide that the proceeds of racketeering activity be subject to a forfeiture order. Another amendment would codify the concept that the Government's interest in forfeitable property vests at the time of the criminal acts. A third amendment would expand current protective order authority to give the courts discretion in entering such orders in the preindictment stage, under certain conditions. Circumstances in which the initial entry of such an order may be made pursuant to an ex parte proceeding would be specified. In general, these proposals would facilitate forfeitures in narcotics cases. House Bill 5371 supports many of these goals discussed, but DOJ suggests certain revisions of the bill. No references are cited.