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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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A criminal forfeiture charge is part of a Lane County grand jury's 19-count indictment against Arlen Cecil Weller, 59, and his son for alleged activities on the 60-acre property at 37299 Camp Creek Road.
Under criminal forfeiture legislation, law enforcers can notify a judge following the conviction of an individual that they intend to investigate their finances in order to strip them of the trappings of wealth earned through crime.
Prosecutors in New York said the intention was to "secure, maintain, and ultimately sell these Madoff assets to maximize recovery for victims in connection to criminal forfeiture proceedings against Madoff.
 
 
 
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