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The government simply files a civil action in rem against the property itself, and then generally must prove, by a preponderance of the evidence, that the property is forfeitable under the applicable forfeiture statute. Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before ...
[citation needed] In civil forfeiture cases, the US government sues the item of property, not the person; the owner is effectively a third-party claimant. The burden is on the government to establish that the property is subject to forfeiture by a preponderance of the evidence. If it is successful, the owner may yet prevail by establishing an ...
The plaintiffs each had their property seized by D.C.'s Metropolitan Police Department (MPD). Five of the plaintiffs were arrested during a Black Lives Matter protest in the Adams Morgan ...
Home equity theft happens when governments auction off seized houses and keep the profits—even once the tax bill is paid. Local Governments Are Seizing and Selling Homes Over Small Tax Debts ...
Intellectual property owners and their representatives are not surprisingly supportive of Operation In Our Sites to the government, [41] [42] but some critics question the effectiveness of the program since the targeted websites are not actually seized or shut down; the program in effect only increases visitor access to agencies' servers ...
Some states require government officials to promptly show that seized property is likely involved in illegal activity and, failing that, return the assets while court proceedings over the owner's ...
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]
The U.S. Supreme Court on Thursday reinforced the power of law enforcement authorities to retain seized property belonging to people not charged with a crime, ruling in favor of Alabama officials ...
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