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Civil forfeiture is independent of any criminal case, and because of this, the forfeiture action may be filed before indictment, after indictment, or even if there is no indictment. Likewise, civil forfeiture may be sought in cases in which the owner is criminally acquitted of the underlying crimes ...
(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Ma- ritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the ...
While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process.
Remission, referring to the return of forfeited assets, and mitigation, referring to acceptance of a smaller financial penalty in lieu of forfeiture, are discretionary forms of relief granted by the agencies that are involved in seizing property or by the Criminal Division of the Department of Justice in Washington, ...
A forfeiture by wrongdoing is defined under the Federal Rules of Evidence, as a statement made by a declarant that normally qualifies as hearsay and would therefore not be admissible can be admitted under the forfeiture by wrongdoing exception to the hearsay rule.
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking. Because forfeiture actions are strictly construed by the courts, seizing agencies must adhere to constitutional and statutory guidelines.
Forfeiture is a legal mechanism whereby the government can take property that is used or acquired illegally, especially property associated with illicit drug trafficking. Because forfeiture actions are strictly construed by the courts, seizing agencies must adhere to constitutional and statutory guidelines.