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In contrast, criminal forfeiture is a legal action brought as "part of the criminal prosecution of a defendant", described by the Latin term in personam, meaning "against the person", and happens when government indicts or charges the property that is either used in connection with a crime, or derived from a crime, that is suspected of being ...
The state filed the forfeiture complaint just 10 days after the seizure. But Culley waited six months before acting on it, and another year before raising her affirmative defense. She ultimately ...
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.
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 ...
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]
More than 70% of the 1,884 seizure incidents between July 2019 and November 2023 resulted in uncontested or default forfeitures of property, according to official Kansas data. Half of seizures ...
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.
A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction. In personum actions are against the owner of property, whereas in rem actions are taken directly against the object. In rem forfeiture actions may lead to unusual or even comedic case names, such as United States v.