Download or read book Understanding Forfeitures written by Amy Frances Richardson and published by Rand Corporation. This book was released on 2009 with total page 71 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sponsored by the Treasury Executive Office for Asset Forfeiture.
Download or read book Asset Forfeiture Policy Manual written by and published by . This book was released on 1996 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Forfeiture written by Dee Edgeworth and published by American Bar Association. This book was released on 2004 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.
Download or read book A License to Steal written by Leonard Williams Levy and published by UNC Press Books. This book was released on 1996 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leonard Levy traces the development and implementation of forfeiture and contends that it is a questionable practice, which, because it is so often abused, serves only to undermine civil society. Arguing that civil forfeiture is unconstitutional, Levy pro
Download or read book Asset Forfeiture Office written by United States. Marshals Service. Asset Forfeiture Office and published by . This book was released on 1999 with total page 278 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Civil Forfeiture of Criminal Property written by Simon N. M. Young and published by Edward Elgar Publishing. This book was released on 2009-01-01 with total page 393 pages. Available in PDF, EPUB and Kindle. Book excerpt: . . . this work is an important contribution to the global discourse on pursuing property, money or resources linked to crime. Michelle Gallant, Journal of Business Law Informed and informative, Civil Forfeiture of Criminal Property is a seminal work of impressive scholarship and strongly recommended for professional, academic, and governmental judicial studies collections in general, and criminal justice reference collections in particular. Library Bookwatch, Midwest Book Review This book is interesting because there is a dearth of writing on the subject. It must be read for that reason. Sally Ramage, The Criminal Lawyer Once called the monster that ate jurisprudence , civil forfeiture is now an established weapon in the fight against organized crime, terrorism, drug trafficking and corruption. This fine collection of essays covering civil forfeiture regimes in ten diverse jurisdictions, written by leading practitioners, provides a comprehensive and detailed overview of the jurisprudential, legal, political and practical dimensions of the new generation of these powerful and controversial laws. I commend this book to criminal, civil, comparative and human rights lawyers who have an interest in how serious and profit-motivated crime, and responses to it, develop over time and in different legal cultures. Arie Freiberg, Monash University, Australia In this book, which is the first of its kind, leading experts examine the civil and criminal forfeiture systems in Australia, Canada, China, Ireland, South Africa, the United Kingdom and the United States. In the fight against organized crime and international money laundering, there is a global trend for countries to enact forfeiture and confiscation laws that are applied through the civil process rather than the traditional criminal justice system. The authors gathered here analyze the appeal these civil forfeiture laws have for governments for their potential to disrupt criminal organizations and for their quantifiable benefits to the state. But without the usual safeguards of the criminal process, civil forfeiture laws are controversial, attracting constitutional challenges, particularly on human rights grounds. This book will be of great interest to policy-makers in government, and law enforcement agencies who are thinking of reforming their own laws, as well as to law reform agencies or select parliamentary committees where the issue of reform is topical. It will also appeal to students in criminal law, criminology and human rights.
Download or read book Forfeiting Our Property Rights written by Henry J. Hyde and published by . This book was released on 1995 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Forfeiting Our Property Rights, Congressman Henry Hyde of Illinois examines the abuse inherent in civil forfeiture, the law that lets government take property that is merely suspected of having been used in a crime. Hyde, one of Congress's leading conservatives and the new chairman of the House Judiciary Committee, shows how forfeiture law has cost innocent people their property and at least one citizen, Donald Scott, his life. In fact, over a quarter of a million Americans have had their property seized through forfeiture law. Although it has most often been used against suspected drug dealers, Hyde emphasizes that the war on drugs must not be used as a pretext for weakening the traditional protections of our property rights. Congressman Hyde proposes an overhaul of the law to protect innocent property owners, including a shift in burden of proof from the citizen to the government and a raising of the standard the government must satisfy to seize property in the first place.
Download or read book Understanding Forfeiture and Related Civil Actions in Criminal Law written by and published by . This book was released on 1992 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Asset Forfeiture written by Congressional Research Service and published by CreateSpace. This book was released on 2015-02-02 with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt: From its beginning in the First Congress, Congress has viewed asset forfeiture as an integral part of federal crime fighting: It takes contraband off the streets, ensures that “crime doesn't pay,” and deprives criminals of their “tools of the trade.” In short, asset forfeiture is the process of confiscating money or property from a person because it is illegal to possess, it constitutes proceeds of a crime, or it was used to facilitate a crime. Asset forfeiture became a major tool in combating organized crime, drug trafficking, and other serious federal offenses throughout the mid-to-late 20th century and continues to play a major role in federal prosecutions. In recent years, however, there has been growing opposition to the expanding scope of asset forfeiture, both civil and criminal, with objections primarily coming in two forms: procedural and structural. The procedural objections are based on the idea that the current rules pertaining to asset forfeiture heavily favor the government. With civil asset forfeiture, the property owner need not be convicted nor even prosecuted for a crime before the government can confiscate his or her property. Unlike criminal prosecutions, the property owner is not constitutionally entitled to an attorney or many other safeguards found in the Bill of Rights. The burden of proof is set at the preponderance-of-the-evidence standard, lower than the traditional criminal standard of beyond a reasonable doubt. If the property owner is claiming innocence, he has the burden of proving either that he had no knowledge of the criminal activity or that he tried to stop the activity if he did know about it. Structural objections pertain to how property and money are allocated once forfeited. The Department of Justice (DOJ) is permitted by law to keep most of the forfeited assets, creating what some view as a profit motive. Recently, DOJ stopped its practice of “adoptive forfeitures,” which allowed it to adopt property seized by state and local law enforcement as part of its “equitable sharing” program. Some saw this as a way of bypassing more stringent state forfeiture laws. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. While this law brought about significant reform to federal forfeiture policy and procedures, some have questioned whether CAFRA went far enough to rein in what they characterize as overzealous police forfeiture tactics. Recent concerns about the current legal framework are evidenced in new reports of possible police misuse of federal forfeiture laws. Contemporaneously, reform legislation has been introduced in the 113th and 114th Congresses. With these proposals in mind, this report will provide an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases (including a discussion of the 2014 Supreme Court asset forfeiture decision Kaley v. United States), allocation of profits from confiscated assets, and DOJ's equitable sharing program.
Download or read book Federal Forfeiture Law written by Jerald Diaz and published by Nova Science Publishers. This book was released on 2015-09 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have authorised its use for over 200 years. Every year, it redirects property worth billions of dollars from criminal to lawful uses. Forfeiture law has always been somewhat unique. By the close of the 20th century, however, legislative bodies, commentators, and the courts had begun to examine its eccentricities in greater detail because under some circumstances it could be not only harsh but unfair. The Civil Asset Forfeiture Reform Act was a product of that reexamination. This book is an overview of federal forfeiture law. It sketches the origins and general attributes of forfeiture, describes the distribution of the hundreds of millions of dollars it generates, and identifies some of the constitutional issues it raises. Furthermore, the book provides an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases, allocation of profits from confiscated assets, and DOJ's equitable sharing program.
Download or read book Forfeitures Revisited written by David Pimentel and published by . This book was released on 2013 with total page 63 pages. Available in PDF, EPUB and Kindle. Book excerpt: Dramatically expanded use of federal forfeitures since the 1980s has raised persistent concerns about government overreaching in the seizure of private property. The Supreme Court failed to address the problem in Bennis v. Michigan (1996), upholding the forfeiture of property of an entirely innocent owner, relying on the ancient and unconvincing principle that the property itself is guilty. Congress stepped in to curb law enforcement's worst abuses of this lucrative practice in 2000, but the Civil Asset Forfeiture Reform Act was a patchwork effort that tweaked the rules without revisiting the unsatisfying policies behind them. Thus a comprehensive, policy-based re-examination of forfeiture doctrines is overdue. This re-examination reveals three distinct and dissimilar categories of forfeitures -- (1) contraband, (2) proceeds of crime, and (3) property used to facilitate crime -- which are lumped together into a one-size-fits-all procedure. Because each of these types of forfeitures is based on distinct policy objectives, and because each poses different risks to the legitimate interests of property owners, separate procedures are required for each. Contraband forfeitures, which protect public health and welfare, can be effected on probable cause alone. Proceeds forfeitures, which effect a nonpunitive deterrence under the principle of unjust enrichment, raise factual questions that require stronger procedural safeguards and a higher burden of proof. Facilitating property forfeitures, which give rise to the worst abuses of the procedure, and which serve the most dubious of policy objectives, are difficult to justify under any procedure. A clearer articulation and understanding of the policy behind each type of forfeiture will set the stage for a more comprehensive and coherent reform. In the meantime, it can help courts to interpret and apply existing standards -- including Eighth Amendment excessive fines analysis -- in a more principled way. A policy-based approach, under a new taxonomy of forfeitures, is essential to address the persistent problems with federal forfeiture procedure and bring coherence and equity to the practice in federal court.
Download or read book New York Criminal and Civil Forfeitures written by Steven L. Kessler and published by . This book was released on with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Guide to Asset Seizure and Forfeiture written by Don Clemmer and published by . This book was released on 2009-10 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New York Criminal and Civil Forfeitures written by Steven L. Kessler and published by . This book was released on 1999 with total page 998 pages. Available in PDF, EPUB and Kindle. Book excerpt: An invaluable publication for all New York attorneys. An in-depth guide & analysis of the state forfeiture & RICO laws used by state & local law enforcement authorities to confiscate & forfeit the assets of individuals & corporations. Includes sample forms of both prosecutors & defense counsel, as well as the text of the relevant statutory provisions.
Download or read book Crime and Forfeiture written by Charles Doyle and published by . This book was released on 2007 with total page 74 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forfeiture has long been an effective law enforcement tool. Congress and state legislatures have authorized its use for over hundred years. Every year it redirects property worth hundreds of millions of dollars from criminal to lawful uses. Forfeiture laws have always been somewhat unique. Legislative bodies, commentators and the courts, however, had begun to examine its eccentricities in greater detail because under some circumstances it could be not only harsh but unfair. The Civil Asset Forfeiture Reform Act, P.L. 106-185, 114 Stat. 202 (2000) is a product of that reexamination. Modern forfeiture follows one of two procedural routes. Although crime triggers all forfeitures, they are classified as civil forfeitures or criminal forfeitures according tot he nature of the procedure which ends in confiscation. Civil forfeiture is an in rem processing. The property is the defendant in the case. Unless the statue provides otherwise, the innocence of the owner is irrelevant -- it is enough that the property was involved in a violation to which forfeiture attaches. As a matter of expedience and judicial economy, Congress often allows administrative forfeiture in uncontested civil confiscation cases. Criminal forfeiture is an in personam proceeding, and confiscation is only possible upon the conviction of the owner of the property. The Supreme Court has held that authorities may seize movable property without prior notice or an opportunity for a hearing but that real property owners are entitled as a matter of due process to preseizure notice and the chance for a hearing. As a matter of due process, innocence may be irrelevant in the case of an individual who entrusts his or her property to someone who sues the property for criminal purposes. although some civil forfeitures may be considered punitive for purposes of the Eighth Amendment's excessive fines clause, civil forfeitures do not implicate the Fifth Amendment's double jeopardy clause unless they are so utterly punitive as to belie remedial classification. The statutes governing the disposal of forfeited property may authorize destruction of property, or transfer for governmental purposes, or deposit of the property or the proceeds from its sale in a special fund. Intergovernmental transfers and the use of special funds are hallmarks of federal forfeiture. Every year federal agencies transfer hundreds of millions of dollars worth of property to state and local law enforcement officials in compensation for their contribution to joint enforcement efforts.
Download or read book Rights Forfeiture and Punishment written by Christopher Heath Wellman and published by Oxford University Press. This book was released on 2017 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Rights Forfeiture and Punishment, Christopher Heath Wellman argues that those who seek to defend the moral permissibility of punishment should shift their focus from general justifying aims to moral side constraints. On Wellman's view, punishment is permissible just in case the wrongdoer has forfeited her right against punishment.
Download or read book Asset Forfeiture Law in the United States Second Edition written by Stefan D. Cassella and published by Juris Publishing, Inc.. This book was released on 2013-01-01 with total page 932 pages. Available in PDF, EPUB and Kindle. Book excerpt: Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.
