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.

Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Forfeiting Our Property Rights written by Henry J. Hyde and published by Cato Institute. This book was released on 1995 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt: Errata slip inserted. Includes bibliographical references and index.

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 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 Stolen Asset Recovery written by and published by World Bank Publications. This book was released on 2009 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.

Download or read book Assets Seizure Forfeiture written by National Criminal Justice Association and published by . This book was released on 1988 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt:

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 Federal Asset Forfeiture written by Charles W. Larson and published by . This book was released on 1989 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Asset Forfeiture Programs written by United States. General Accounting Office and published by . This book was released on 1992 with total page 38 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book The Management and Disposition of Seized Assets written by G. Patrick Gallagher and published by . This book was released on 1988 with total page 20 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Asset Forfeiture Law and Practice Manual written by and published by . This book was released on 1998 with total page 548 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Federal Asset Forfeiture written by Jeffrey Borup and published by . This book was released on 2018-04 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Brief pocket-sized overview of the federal asset forfeiture program. Designed in support of the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crime.

Download or read book A License to Steal written by Leonard W. Levy and published by UNC Press Books. This book was released on 2014-03-30 with total page 289 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 provides examples of the victimization of innocent people and demonstrates that it has been used primarily against petty offienders rather than against its original targets, members of organized crime.

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 Asset Forfeiture written by United States. General Accounting Office and published by . This book was released on 1992 with total page 44 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.