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The legal order itself is in the form of an injunction, which in Commonwealth jurisdictions is also known as a freezing order, Mareva injunction, Mareva order or Mareva regime, after the 1975 case Mareva Compania Naviera SA v International Bulkcarriers SA, [2] although the first recorded instance of such an order in English jurisprudence was Nippon Yusen Kaisha v Karageorgis, [3] decided one ...
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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.
Federal Rules of Civil Procedure (Official text in pdf format, from the administrative office of the Federal court system) Federal Rules of Civil Procedure - Latest Edition (www.federalrulesofcivilprocedure.org) 2016-2017 Amendments to the Federal Rules of Civil Procedure (Effective on December 1, 2016)
Forfeiture is the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform, etc. Per U.S. v. Olano , if a defendant has waived a right, then he cannot obtain redress in appellate court.
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 ...
In rem forfeiture actions may lead to unusual or even comedic case names, such as United States v. One Solid Gold Object in Form of a Rooster. The Racketeer Influenced and Corrupt Organizations Act provides for modern forfeiture actions in the United States with regards to criminal prosecution. This allows for forfeiture absent an in rem action ...