Novem ber 2007 u ni t e d s tate s a t t or ne ys ' b u l l e t in 3 united states department of justice asset forfeiture program strategic plan executive summary the asset forfeiture program (hereafter, the program) is a nationwide law enforcement initiative that removes the tools of crime. Asset forfeiture law in the united states - second edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of the recurring and evolving forfeiture issues that arise daily in federal practice. Until the prohibition era (1919-1933), civil asset forfeiture was rarely used after the 18th amendment prohibiting the sale of alcohol was passed in 1919, bootlegging-the illegal smuggling of alcohol into or within the united states exploded. The practice of civil asset forfeiture in the united states gained popularity in the 1970s and 1980s as part of the war on drugs, seeking to remove the capital base used by drug dealers to fund their operations 8 federal law governing civil asset forfeiture evolved over the following. Section 2 of the civil asset forfeiture reform act of 2000 (cafra), public law (pub l) 106-185, 114 stat 202, enacted on april 25, 2000, and codified at title 18, united states code, section 983 (18 usc 983), created general rules for civil forfeiture proceedings.
Indiana should be the biggest civil forfeiture case heard by the us supreme court in at least two decades although the court had gone quiet on the issue for years, a recent string of opinions. The state initiated civil forfeiture proceedings against the $201,100 on the ground that it was substantially connected to criminal activity, namely, narcotics sales.  cassella, asset forfeiture law in the united states, 29 and dee r edgeworth, ed, asset forfeiture: practice and procedure in state and federal courts, 2nd ed (washington, dc: american bar association, 2009) edgeworth covers significant state issues and many of the laws applicable to specific state criminal offenses and also provides.
Cassella handled the forfeiture in the largest forfeiture case ever brought by the united states - the forfeiture of $12 billion in assets from the bank of credit and commerce international (bcci), was the principal author of much of the federal forfeiture legislation, including the civil asset forfeiture reform act of 2000 (cafra), and the. Civil asset forfeiture differs from criminal forfeiture because the property, not the individual, is the target of an investigation law enforcement may seize an individual's property based on nothing more than a suspicion, such as a person possessing large amounts of cash. Eral civil forfeiture provisions, applying to [any property constituting or derived from, any proceeds the person obtained, directly or indirectly, as a result of such violation [and] any, property used, or intended to be used, in any manner or part, to commit. Civil forfeiture if mr spina had recently read the united states constitution, he might have pressed his questions further surely the government.
The united states supreme court building on march 20 in washington, dc zach gibson/getty images it's been a rough year for the supreme court while the court tried to avoid controversial cases. A clear and convincing standard is also used in some civil proceedings and is required for civil asset forfeiture in several states it represents a higher degree of certainty than probable cause or preponderance, but is less than the beyond a reasonable doubt standard. The basic principle behind asset forfeiture is appealing it enables authorities to confiscate cash or property obtained through illicit means, and, in many states, funnel the proceeds directly.
Jason snead is a policy analyst in the edwin meese iii center for legal and judicial studies at the heritage foundation civil asset forfeiture is a legal tool that allows law enforcement. In j w goldsmith, jr-grant co v united states (1921) the supreme court endorsed the legal fictions surrounding civil forfeiture, and upheld the seizure of a guilty car used to transport. Brian silber, esq is a nationwide civil forfeiture defense attorney who helps clients recover their property following government seizures we are located in fort lauderdale, florida and represent clients with civil forfeiture cases in federal courts across the united states as well as all florida state courts.
Asset forfeiture law in the united states - 2nd edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. United states, 509 u s 602 (1993) and reasoned that since the civil forfeiture statutes at issue did not serve solely a remedial purpose, the civil forfeiture constituted a punishment for double jeopardy purposes. Civil forfeiture in the united states is a holdover from english law it was commonly used by the government during the prohibition era to seize the property of bootleggers in an attempt to stymie the production and sale of illicit alcohol.