21 U.S.C. Sec. 853(D) REBUTTAL PRESUMPTION is a legal provision under the United States Code that creates a legal presumption that certain property is subject to forfeiture if it is found to be involved in criminal activity or is intended to be used to facilitate criminal activity. The presumption can be rebutted or challenged by the owner of the property. Types of 21 U.S.C. Sec. 853(D) REBUTTAL PRESUMPTION include constructive possession, money laundering, drug trafficking, and terrorism.
21 U.S.C. Sec. 853(D) REBUTTABLE PRESUMPTION
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
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FAQ
F. 21 U.S.C. § 881(a)(7) provides that a property may not be forfeited if an owner establishes that the act or omission which makes the property forfeitable was committed or omitted without his or her knowledge or consent.
The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.
What does "forfeiture" of a real estate contract mean? The seller cancels your rights under the contract because you are not meeting your end of the agreement, such as making your monthly payments.
Section 853 of Title 21 of the United States Code provides that the right, title, and interest in property subject to forfeiture vests in the United States upon the commission of the criminal act in question.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.