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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.
In a civil forfeiture case in the United States, the state is the plaintiff and a thing is the defendant—in this case, the thing is $25,180 cash that was seized by police under suspicion of being involved in illegal activity. In legal terms, it is an in rem case (against a thing) as opposed to an in personam case (against a person). Here is ...
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 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 ...
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.
This caused significant conflict between the United States and Great Britain. [ 4 ] In the United States among the "war measures" during the American Civil War , acts were passed in 1861 and 1862 confiscating, respectively, property used for "insurrectionary purposes" and the property generally of those engaged in rebellion.
The United States Supreme Court held in Lynch v. United States, 292 U.S. 571 (1934) that valid contracts of the United States are property, and the rights of private individuals arising out of them are protected by the Fifth Amendment. The court said: "The Fifth Amendment commands that property be not taken without making just compensation.
Transfer the property to themselves and then sell it and pocket the cash, or get a cash-out refinance mortgage on it, pocket the money, and never make a payment Find a buyer and sell the property ...