The bill shifts the burden of proof from the owner or interest holder to the state in certain asset forfeiture proceedings by removing the requirement that the owner or interest holder prove certain facts relating to the circumstances giving rise to the forfeiture in which the property would be exempt from such ...
In criminal forfeiture, an individual has the right to contest the seizure through trial proceedings. Civil Judicial Forfeiture: Civil judicial forfeiture is a judicial process that does not require a criminal conviction and is a legal tool that allows law enforcement to seize property that is involved in a crime.
Adjective. characterized by equity or fairness; just and right; fair. equitable treatment of all citizens. Synonyms: unprejudiced, unbiased, objective, impartial, dispassionate, just, fair, evenhanded. Antonyms: prejudiced, biased, inequitable, unequitable, unjust, unfair.
Something that is equitable is fair and reasonable in a way that gives equal treatment to everyone. ... equitably adverb ADVERB after verb, ADVERB -ed See full entry for 'equitable' Collins COBUILD Advanced Learner's Dictionary.
Equitable sharing is a United States program in which the proceeds of liquidated seized assets from asset forfeiture are shared between state and federal law enforcement authorities.
Civil Judicial Forfeiture Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court by a preponderance of evidence that the property was linked to criminal activity.
Through equitable sharing, any state or local law enforcement agency that directly participates in a law enforcement effort that results in a federal forfeiture may either request to put tangible forfeited property into official use or an equitable share of the net proceeds of the forfeiture.
Equitable Sharing Request Form (DAG-71) For use by State and Local Law Enforcement Agencies Deadline for submission of this request is forty-five (45) days following the date of forfeiture. Asset Information.
Settlements to forfeit property are designed to conserve the resources of both the claimants and the government in situations where justice will be served.