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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 ...
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.
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]
One reason legislators and the public pushed for forfeiture reform was the state law allowed agencies to keep funds regardless of a conviction for a crime. Although by law it was permitted, Toolin ...
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 ...
In 2015, Attorney General Eric Holder temporarily 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. Adoptive seizures account for just 30% of ...
An innocent owner defense is a concept in United States law providing for an affirmative defense that applies when an owner claims innocence of a crime and so the property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code ( 18 U.S.C. § 983(d) ) and is part of the Code that defines forfeiture laws ...
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