Criminal Forfeiture of Property (21 U.S.C. Sec. 853) is a tool used by the U.S. Government to take ownership of property or assets that have been obtained in a criminal activity or used to facilitate a crime. Under this law, the government can seize property, such as money, vehicles, and real estate, that is linked to criminal activity. The purpose of the law is to deprive criminals of the proceeds of their illegal activities and to make sure that the criminal does not benefit from their wrongdoing. There are two main types of Criminal Forfeiture of Property (21 U.S.C. Sec. 853): civil forfeiture and criminal forfeiture. Civil forfeiture is the process whereby the government takes ownership of property without any criminal charge or conviction, while criminal forfeiture is when the government takes ownership of property that is linked to a criminal conviction. In both cases, the government must prove, by a preponderance of the evidence, that the property was either used in the commission of a crime or was acquired with proceeds from a criminal activity. Additionally, the government must also show that the forfeiture is in the public interest.
Criminal Forfeiture of Property (21 U.S.C. Sec. 853)
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FAQ
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.
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.
Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
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.
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.
In a civil forfeiture case, the government is the plaintiff, the property is the defendant, and any person who claims an interest in the property is a claimant. There is no criminal conviction required, although the government is still required to prove in court that the property was linked to criminal activity.
The criminal forfeiture statute at issue in Honeycutt requires the court to order a defendant, as part of sentencing, to forfeit to the government ?any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation.? 21 U.S.C.