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Criminal Forfeiture

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The loss of a criminal defendant's rights to property which is confiscated by the government when the property was used in the commission of a crime. The seizure by law enforcement officers of an automobile used in the transportation of illegal narcotics is a criminal forfeiture.

Property that is subject to criminal Forfeiture is taken from its owner without any compensation being made because of its use in illegal conduct. The taking of such property by the government is an exception to the principles of condemnation provided that the item is seized and retained as a result of the valid exercise of the Police Power of the state or pursuant to constitutional federal statutes.



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? References in periodicals archive
First, conviction under the general conspiracy statute does not provide a basis for criminal forfeiture, whereas conviction for a money laundering conspiracy under Section 1957(h) mandates forfeiture of all property involved in the conspiracy.
Breaking the bank by Hendrie, Edward / The FBI Law Enforcement Bulletin
Other counties are focusing, instead, on a new criminal forfeiture procedure that divvies up the proceeds with 40 percent going to local law enforcement, 40 percent for local drug treatment and 20 percent for state programs.
Councilors backtrack on drug seizures by The Register-Guard (Eugene, OR)
In the same proceeding, prosecutors obtained an order of forfeiture for Lynn's house and furniture under the corresponding criminal forfeiture statute.
Fourth Circuit opens door to double jeopardy defense in many drug ... by McMurry, Kelly / Trial
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