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Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
In law, a forfeiture is the loss of rights or goods due to not fulfilling some obligation. For example, failing to make car payments to a bank can result in the forfeiture of your car. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.
Civil Forfeiture An individual has the right to contest this seizure through a civil trial. In the trial, the government must prove that the property facilitated criminal activity or represents criminal proceeds.
Forfeiture takes two distinct forms -- criminal and civil. Nearly all contemporary forfeiture involves the civil variety. 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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Forfeiture takes two distinct forms -- criminal and civil. Nearly all contemporary forfeiture involves the civil variety. 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.
Remission and mitigation are administrative remedies for recovering property that has been legally forfeited pursuant to either an administrative or a judicial proceeding.
Hiring a New Jersey civil forfeiture attorney is the best way to protect yourself from civil forfeiture. Common defenses to civil forfeiture include: Procedural defense: the government has a certain amount of time within which to file and serve notice of a civil forfeiture action.
The term forfeiture refers to the non-vested portion of a former employee's account balance in the plan. For example, if a participant is 40% vested in their profit-sharing account source when he or she terminates, the remaining 60% of his or her profit-sharing account balance will become a forfeiture.
THE GOVERNMENT MAY CONSIDER GRANTING PETITIONS FOR REMISSION OR MITIGATION WHICH PARDONS ALL OR PART OF THE PROPERTY FROM THE FORFEITURE. You may file both a claim and a Petition for Remission or Mitigation (Petition).