Criminal Forfeiture

Criminal Forfeiture

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.

West's Encyclopedia of American Law, edition 2. Copyright 2008 The Gale Group, Inc. All rights reserved.
Mentioned in ?
References in periodicals archive ?
"But the long-term momentum in the courts and in public opinion is for the end of civil forfeiture and replacing it with criminal forfeiture."
The information seeks $7.5 million in criminal forfeiture.
"The distinguishing characteristic of a criminal forfeiture provision is that, unlike the in-rem character of civil forfeiture, the personal guilt of the defendant is at issue." (208) By inversion, then, a civil forfeiture proceeding is an in-rem proceeding where the personal guilt of the defendant is not at issue.
With one of the bill's purposes being to "ensure that only criminal forfeiture is allowed in this state," it requires proof of a criminal conviction and a showing by clear and convincing evidence that the property is forfeitable.
She brings extensive experience in contested and uncontested foreclosure litigation and pre-judgment and post-judgment foreclosure matters, including protection of creditors' rights in condominium termination, probate, and criminal forfeiture matters.
He pleaded guilty in federal court to one count of possession of marijuana with intent to distribute, one count of being a felon in possession of a firearm, and two counts for criminal forfeiture. At sentencing, the district judge in Kentucky applied an Armed Career Criminal Act ("ACCA") enhancement based on his prior convictions and sentenced Shepherd to the mandatory minimum fifteen years in prison.
When prosecutors charged Miller with fraud, identity theft and money laundering, the indictment included civil and criminal forfeiture charges seeking the Delaware property and proceeds from the Fairfax home.
Wilbur-Ellis Company was sentenced to three years of probation and ordered to pay $4,549,682 in restitution, criminal forfeiture in the form of a monetary judgment in the amount of $964,442, and a fine of $1,000.
District Court in Washington approves his plea agreement, Tajideen would serve five years in prison and pay a $50 million criminal forfeiture in advance of his sentencing, the DOJ said last week.
The plea agreement also calls for Tajideen to pay USD 50 million as a criminal forfeiture in advance of his sentencing.
That includes property seized under both criminal forfeiture -- which requires someone to first be found guilty of a crime -- and civil forfeiture, which allows the state to sue the property itself and doesn't require a criminal charge.

Full browser ?