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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.
Although there are accessible statistics of seizures at the federal level, it often happens that the totals of forfeitures from both criminals and innocent owners are combined; for example, one report was that in 2010, government seized $2.5 billion in assets from criminals and innocent owners by forfeiture methods, [15] and the totals of ...
Confiscation (from the Latin confiscatio "to consign to the fiscus, i.e. transfer to the treasury") is a legal form of seizure by a government or other public authority. The word is also used, popularly, of spoliation under legal forms, or of any seizure of property as punishment or in enforcement of the law. [1]
The recommendations also include requiring a judge to review seizures early in the forfeiture process and, in some instances, mandate law enforcement agencies pay the attorney’s fees of property ...
The new law raises the standard of evidence for seizures, imposes stricter deadlines on law enforcement and requires the filing of affidavits of probable cause before forfeiture proceedings begin.
Senate Bill 458 increases the steps needed to initiate the asset seizure process and requires clear and convincing evidence, rather than a preponderance of evidence, to move forward.
Clarifying whether seizures of property are considered fines or punishments, he decreed that a criminal forfeiture could be considered as both a type of fine and a punishment, while a civil forfeiture was not intended as a punishment of a person but rather a "legal fiction of punishing the property", concluding that civil forfeitures were not a ...
A federal circuit judge writes that Detroit's vehicle seizure scheme "is simply a money-making venture—one most often used to extort money from those who can least afford it."