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Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation . It typically applies to the alleged proceeds or instruments of crime.
Equitable sharing refers to a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities. The Comprehensive Crime Control Act of 1984 set up the arrangement in which state and local police can share the seizures with federal agents. [1]
Both civil and criminal forfeiture involve the taking of assets by police. In civil forfeiture, assets are seized by police based on a suspicion of wrongdoing, and without having to charge a person with specific wrongdoing, with the case being between police and the thing itself, sometimes referred to by the Latin term in rem, meaning "against ...
Fines and forfeiture of property – These are considered a form of punishment. In February 2019, the Supreme Court ruled that civil asset forfeiture may constitute excess fines and therefore be unconstitutional, even when imposed by states. [3] Costs and fees – These may include court costs, fees for supervision, payments for legal ...
The property owner can recover the assets only if he or she can prove the seizure was not connected to any criminal activity, creating a legal burden that is costly and time-consuming.
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Forfeiture Endangers American Rights (F.E.A.R.) is an organization in the United States dedicated to stopping abuse of asset forfeiture, the practice whereby governments seize tangible and financial assets alleged to have been used in the commission of certain crimes.
Last year, 2022, marked the 28th year civil asset forfeiture imperiled people’s rights to property and due process in Kansas. Perhaps, in 2023, it is time to protect them.