South Carolina Agreed Order and Final Judgment - Awarding Forfeiture
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FAQ
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.
Civil asset forfeiture is a practice that allows law enforcement agencies to seize money or property?including bank accounts, real estate, and other personal property?if the person is suspected of being involved in criminal activity.
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.
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.
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.
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.
1. : the act of forfeiting : the loss of property or money because of a breach of a legal obligation. assets subject to forfeiture. 2. : something (such as money or property) that is forfeited : penalty.
