NCJ Number
154364
Journal
American Criminal Law Review Volume: 30 Issue: 1 Dated: (1992) Pages: 35-96
Date Published
1992
Length
62 pages
Annotation
This article argues that the government's reliance on the civil forfeiture remedy in connection with illegal drug dealing notes the significant advantages of a criminal forfeiture prosecution, which Congress contemplated in 1984 when it authorized criminal forfeitures for all felony drug violations.
Abstract
In recent years, civil forfeiture has led the Department of Justice's efforts against drugs. The burden of proof on the claimant in the civil case is a consideration that may well prompt a drug trafficker to forego contesting the matter. However, it is likely that such persons have other assets that have escaped seizure and consider the occasional seizure and forfeiture of property to be a cost of doing business. However, Congress intended in its 1984 amendments that prosecutors include forfeiture counts in felony drug indictments much more frequently than they have in the past. Overall, the present analysis suggests that the Department of Justice's preference for the civil forfeiture device is relatively inefficient even if it is possible. Therefore, the government should consider the criminal option more fully both in formulating its policies and in prosecuting individual actions. Footnotes