Answer Defendant Civil Forfeiture Abuse
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FAQ
Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory. Asset Forfeiture - Department of Justice justice.gov ? usao-mdpa ? divisions ? asset-f... justice.gov ? usao-mdpa ? divisions ? asset-f...
Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.
Civil Asset Forfeiture in California Technically, asset forfeiture is a proceeding against the property involved in the crime rather than a person.
Also in 1996, the Supreme Court in Bennis v. Michigan held that the innocent owner defense is not constitutionally mandated by Fourteenth Amendment Due Process in cases of civil forfeiture. In 1998, the Court continued to uphold civil forfeiture in United States v.
Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.