18 U.S.C. Sec. 982(a)(8) FORFEITURE INSTRUCTION is a legal provision that governs the forfeiture of property by the federal government. This section of the United States Code requires that all forfeitures of property must be made in accordance with the applicable statutes and regulations. There are three types of 18 U.S.C. Sec. 982(a)(8) FORFEITURE INSTRUCTION: (1) Administrative Forfeiture, (2) Civil Forfeiture, and (3) Criminal Forfeiture. Administrative Forfeiture is a type of forfeiture that does not require a court order or conviction. Property is administratively forfeited when an agency of the federal government identifies it as forfeitable and provides notice of the intended forfeiture to the owners. Civil Forfeiture is a type of forfeiture that requires a court order and a determination by the court that the property is subject to forfeiture. This type of forfeiture is typically used to recover property associated with criminal activity. Criminal Forfeiture is a type of forfeiture that requires a conviction of a criminal offense. This type of forfeiture is typically used to punish offenders and deter future criminal activity.
18 U.S.C. Sec. 982(a)(8) FORFEITURE INSTRUCTION
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FAQ
The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal.
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.
Under federal laws of the United States, law enforcement agencies and prosecutors are allowed to seize property and money from people convicted of certain federal offenses, which is called a ?forfeiture,? and most common in drug trafficking and related cases.
§982. Criminal forfeiture. (a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.