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Civil forfeiture in the United States has a history dating back several hundred years, with roots in British maritime law. In the mid-1600s, when what would become the United States was a British colony, the British Navigation Acts were enacted.
[citation needed] In civil forfeiture cases, the US government sues the item of property, not the person; the owner is effectively a third-party claimant. The burden is on the government to establish that the property is subject to forfeiture by a preponderance of the evidence. If it is successful, the owner may yet prevail by establishing an ...
U. United States v. 12 200-ft. Reels of Film; United States v. $124,700 in U.S. Currency; United States v. 422 Casks of Wine; United States v. Approximately 64,695 Pounds of Shark Fins
Approximately 64,695 Pounds of Shark Fins (520 F.3d 976) is a 2008 decision of the United States Court of Appeals for the Ninth Circuit concerning civil forfeiture in admiralty law. Judge Stephen Reinhardt wrote for a three-judge panel that ordered that the shark fins be returned to their owners, reversing a decision by the Southern District of ...
Colloton wrote, "The United States initiated civil forfeiture proceedings against $124,700 in United States currency, alleging that the money was subject to forfeiture as the proceeds of a drug transaction or as property used to facilitate the possession, transportation, sale, concealment, receipt, or distribution of a controlled substance.
United States v. One Solid Gold Object in Form of a Rooster (208 F. Supp. 99 – Dist. Court, D. Nevada 1962) [1] is a United States District Court for the District of Nevada civil forfeiture case between the United States and The Golden Rooster, a solid gold statue of a rooster.
In rem forfeiture actions may lead to unusual or even comedic case names, such as United States v. One Solid Gold Object in Form of a Rooster. The Racketeer Influenced and Corrupt Organizations Act provides for modern forfeiture actions in the United States with regards to criminal prosecution. This allows for forfeiture absent an in rem action ...
Between 2006 and 2008, in Tenaha, Texas, the Tenaha Marshal’s Office used state forfeiture regulations to seize property from nearly 200 motorists. In about 50 of the cases, suspects were charged with drug possession.