Search results
Results from the WOW.Com Content Network
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 the property"; the property itself is the defendant and no criminal charge ...
Unlike disabling restraints, the effectiveness of the lawsuit does not prevent the transfer from being made. However, the Supreme Court says promissory restraints are not permissible. The promissory note discourages the person getting ready to sell the property which is the same effect as the disabling restraint. Forfeiture restraints
Civil Asset Forfeiture is when the property is seized without charging the owner with a crime. Bernie Madoff was _charged and convicted_ of a ponzy scheme (a scam). The section belongs in criminal asset forfeiture, not civil asset forfeiture.
By refusing to plead he avoided the jurisdiction of the court and thus avoided conviction and the consequent forfeiture of his estate. Instead it passed to his sons. [4] Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state.
That philosophy underlies a series of state and federal laws allowing "civil asset forfeiture," allowing police and prosecutors to seize material assets — cash, houses, boats, vehicles and more ...
It is defined in section 983(d) of title 18 of the United States Code) and is part of the Code that defines forfeiture laws and more specifically the general rules for civil forfeiture proceedings. It states that the " claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence .
"You've got to be able to demonstrate some level of legitimacy" the head of the National Sheriffs' Association says of carrying large amounts of cash.
For premium support please call: 800-290-4726 more ways to reach us