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For example, if a person uses a vehicle to transport illegal drugs, such a vehicle would be subject to criminal forfeiture. Likewise, any money obtained from selling the illegal drugs would also be subject to criminal forfeiture. In both cases, the offender would have to be convicted of a drug-related crime.
Forfeiture Overview Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
What is an asset forfeiture money judgment? A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.
First, the forfeiture statute allows the owner of record of such property, at any time after seizure and prior to court disposition, to petition the district court of the county in which seizure was made to release such property.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.
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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.