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Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes ...
The Supreme Court stated the law on the matter: under the Due Process Clause of the 14th Amendment, states ordinarily may not seize real property (real estate) before providing notice and a ...
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction .
The use of this kind of jurisdiction in asset forfeiture cases is controversial because it has been increasingly used in situations where the party in possession is known, which by historical common law standards would make them the presumptive owner, and yet the prosecution and court presumes they are not the owner and proceeds accordingly ...
A new peer-reviewed study has found that crime rates did not worsen in New Mexico when the state eliminated civil forfeiture, a law enforcement maneuver that allows the government to seize and ...
That prosecutors in the Hoosier State successfully denied people this due process is a reflection of how abusive civil forfeiture can be.
This chapter, added in 1986 by 100 Stat. 3207-35, concerns the civil and criminal seizure of property and assets used in crimes. § 981. Civil forfeiture § 982. Criminal forfeiture § 983. General rules for civil forfeiture proceedings § 984. Civil forfeiture of fungible property § 985. Civil forfeiture of real property § 986.
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.