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In 2015, Eric Holder ended the policy of "adoptive forfeiture", which occurred "when a state or local law enforcement agency seizes property pursuant to state law and requests that a federal agency take the seized asset and forfeit it under federal law" due to abuse. [20]
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.
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 ...
New Mexico, for example, passed laws to end civil forfeiture, redirect all criminal forfeiture proceeds to the state’s general fund and place restrictions on the federal forfeiture equitable ...
The House and Senate passed separate bills on civil asset forfeiture, a controversial practice that allows law enforcement to seize property allegedly linked to criminal activity even if someone ...
Law enforcement defends civil asset forfeiture as a crucial tool allowing officers to disrupt criminal enterprises, especially drug trafficking ones, but critics say it infringes on property ...
Equitable sharing refers to a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities. The Comprehensive Crime Control Act of 1984 set up the arrangement in which state and local police can share the seizures with federal agents. [1]
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."