Federal Asset Forfeiture Book in PDF, ePub and Kindle version is available to download in english. Read online anytime anywhere directly from your device. Click on the download button below to get a free pdf file of Federal Asset Forfeiture book. This book definitely worth reading, it is an incredibly well-written.
Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.
Author : Stefan D. Cassella Publisher : Juris Publishing, Inc. Page : 932 pages File Size : 55,5 Mb Release : 2013-01-01 Category : Law ISBN : 9781578233656
Asset Forfeiture Law in the United States - Second Edition by Stefan D. Cassella Pdf
Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.
Brief pocket-sized overview of the federal asset forfeiture program. Designed in support of the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crime.
United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee
Author : United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee Publisher : Unknown Page : 400 pages File Size : 41,8 Mb Release : 1994 Category : Law ISBN : STANFORD:36105063283118
Review of Federal Asset Forfeiture Program by United States. Congress. House. Committee on Government Operations. Legislation and National Security Subcommittee Pdf
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Federal Asset Forfeiture by Terrorism Homela Subcommittee on Crime,Terrorism Subcommittee On Crime, Homeland Securit Pdf
The Government is seizing billions of dollars of cash and property from Americans, often without charging them with a crime. With origins in medieval law, civil asset forfeiture is premised on the legal fiction that inanimate objects bear moral culpability when used for wrongdoing. The practice regained prominence as a weapon in the modern drug war as law enforcement sought to disrupt criminal organizations by seizing the cash that sustains them. The practice, however, has proven a far greater affront to civil rights than it has been as a weapon against crime. While forfeitures have received increased attention in recent months, they are still poorly understood. After property is seized, its owner will usually have the option of challenging the seizure judicially with the Federal court system or administratively with the seizing agency itself. Seizures that are not challenged within 30 days of receiving notice are automatically forfeited. A majority of Federal civil forfeitures are never contested largely because of the high cost of retaining counsel, which often exceeds the value of the property itself.
Asset Forfeiture by Congressional Research Service Pdf
From its beginning in the First Congress, Congress has viewed asset forfeiture as an integral part of federal crime fighting: It takes contraband off the streets, ensures that “crime doesn't pay,” and deprives criminals of their “tools of the trade.” In short, asset forfeiture is the process of confiscating money or property from a person because it is illegal to possess, it constitutes proceeds of a crime, or it was used to facilitate a crime. Asset forfeiture became a major tool in combating organized crime, drug trafficking, and other serious federal offenses throughout the mid-to-late 20th century and continues to play a major role in federal prosecutions. In recent years, however, there has been growing opposition to the expanding scope of asset forfeiture, both civil and criminal, with objections primarily coming in two forms: procedural and structural. The procedural objections are based on the idea that the current rules pertaining to asset forfeiture heavily favor the government. With civil asset forfeiture, the property owner need not be convicted nor even prosecuted for a crime before the government can confiscate his or her property. Unlike criminal prosecutions, the property owner is not constitutionally entitled to an attorney or many other safeguards found in the Bill of Rights. The burden of proof is set at the preponderance-of-the-evidence standard, lower than the traditional criminal standard of beyond a reasonable doubt. If the property owner is claiming innocence, he has the burden of proving either that he had no knowledge of the criminal activity or that he tried to stop the activity if he did know about it. Structural objections pertain to how property and money are allocated once forfeited. The Department of Justice (DOJ) is permitted by law to keep most of the forfeited assets, creating what some view as a profit motive. Recently, DOJ stopped its practice of “adoptive forfeitures,” which allowed it to adopt property seized by state and local law enforcement as part of its “equitable sharing” program. Some saw this as a way of bypassing more stringent state forfeiture laws. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. While this law brought about significant reform to federal forfeiture policy and procedures, some have questioned whether CAFRA went far enough to rein in what they characterize as overzealous police forfeiture tactics. Recent concerns about the current legal framework are evidenced in new reports of possible police misuse of federal forfeiture laws. Contemporaneously, reform legislation has been introduced in the 113th and 114th Congresses. With these proposals in mind, this report will provide an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases (including a discussion of the 2014 Supreme Court asset forfeiture decision Kaley v. United States), allocation of profits from confiscated assets, and DOJ's equitable sharing program.
Author : United States. Department of Justice Publisher : Unknown Page : 128 pages File Size : 54,9 Mb Release : 1988 Category : Justice, Administration of ISBN : OCLC:19110395
United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Justice Oversight
Author : United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Justice Oversight Publisher : Unknown Page : 132 pages File Size : 51,9 Mb Release : 2000 Category : Electronic government information ISBN : STANFORD:36105062814046
