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Author : Anonim
Publisher : Unknown
Page : 128 pages
File Size : 46,9 Mb
Release : 1985
Category : Actions and defenses
ISBN : LCCN:85072210
Author : Stefan D. Cassella
Publisher : Juris Publishing, Inc.
Page : 932 pages
File Size : 51,7 Mb
Release : 2013-01-01
Category : Law
ISBN : 9781578233656
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.
Author : David B. Smith
Publisher : Unknown
Page : 128 pages
File Size : 42,7 Mb
Release : 1985
Category : Actions and defenses
ISBN : LCCN:85072210
Author : Congressional Research Service
Publisher : CreateSpace
Page : 34 pages
File Size : 40,6 Mb
Release : 2015-02-02
Category : Business & Economics
ISBN : 1508433429
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 : Anonim
Publisher : World Bank Publications
Page : 284 pages
File Size : 50,9 Mb
Release : 2009
Category : Law
ISBN : 9780821379028
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.
Author : Niran Bahjat Abbas
Publisher : Fairleigh Dickinson Univ Press
Page : 268 pages
File Size : 48,6 Mb
Release : 2003
Category : Literary Criticism
ISBN : 0838639542
This volume is a collection of essays by various academics looking at how identity is shaped, gendered, and contested throughout Pynchon's work. By exploring sociological, anthropological, literary, and political dimensions, the contributors revise important ideas in the debate over individualism using political and feminist theory and examine the different ways in which their writings embody, engage, and critique the official narratives generated by America's culture.
Author : United States. Department of Justice
Publisher : Unknown
Page : 128 pages
File Size : 43,9 Mb
Release : 1988
Category : Justice, Administration of
ISBN : OCLC:19110395
Author : American Bar Association. House of Delegates,Center for Professional Responsibility (American Bar Association)
Publisher : American Bar Association
Page : 216 pages
File Size : 52,7 Mb
Release : 2007
Category : Law
ISBN : 1590318730
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author : United States. Congress. House. Committee on the Judiciary
Publisher : Unknown
Page : 228 pages
File Size : 40,9 Mb
Release : 1997
Category : Law
ISBN : PURD:32754066857347
Author : Peter J. Henning,Lee Radek
Publisher : OUP USA
Page : 0 pages
File Size : 55,6 Mb
Release : 2011-08-25
Category : Law
ISBN : 0195378415
The Prosecution and Defense of Public Corruption: The Law and Legal Strategies is the first comprehensive, practice-oriented treatment of the law of public corruption in the U.S. legal market.
Author : Paul Finkelman
Publisher : Routledge
Page : 2570 pages
File Size : 50,9 Mb
Release : 2021-02-25
Category : Political Science
ISBN : 9781351269636
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of American Civil Liberties. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Author : Paul Finkelman
Publisher : Routledge
Page : 822 pages
File Size : 46,8 Mb
Release : 2018-04-17
Category : Political Science
ISBN : 9781351269711
Originally published in 2006, the Encyclopedia of American Civil Liberties, is a comprehensive 3 volume set covering a broad range of topics in the subject of civil liberties in America. The book covers the topic from numerous different areas including freedom of speech, press, religion, assembly and petition. The Encyclopedia also addresses areas such as the Constitution, the Bill of Rights, slavery, censorship, crime and war. The book’s multidisciplinary approach will make it an ideal library reference resource for lawyers, scholars and students.
Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Crime, Terrorism, and Homeland Security
Publisher : Unknown
Page : 288 pages
File Size : 45,8 Mb
Release : 2008
Category : Law
ISBN : PSU:000065517055
Author : Paul Finkelman
Publisher : Taylor & Francis
Page : 2076 pages
File Size : 48,8 Mb
Release : 2006
Category : Civil rights
ISBN : 9780415943420
Publisher Description
Author : Jimmy Gurulé
Publisher : Juris Publishing, Inc.
Page : 914 pages
File Size : 45,9 Mb
Release : 2013-10-01
Category : Law
ISBN : 9781578233373
Complex Criminal Litigation: Prosecuting Drug Enterprises and Organized Crime provides practitioners and others interested in the federal criminal justice system with a comprehensive analysis of the arsenal of federal laws that provide federal prosecutors the means to combat criminal organizations, their leadership (i.e. the so-called "kingpins") and their infrastructure. These statutes include the Racketeer Influenced and Corrupt Organizations Act (RICO); the Continuing Criminal Enterprise or CCE statute; the Money Laundering Control Act; federal firearms statutes; and criminal and civil forfeiture laws that permit the seizure and forfeiture of the profits and instrumentalities of illegal enterprises. Further, the treatise includes an analysis of the principal legal issues that federal prosecutors and defense attorneys need to consider in handling long-term, complex criminal conspiracies that frequently involve multiple and diverse criminal acts from the rules relating to grand jury secrecy, granting immunity, bail, criminal discovery, and all points in between. Finally, because organized criminal activity respects no national boundaries, the treatise includes a comprehensive discussion of international criminal law, including extraterritorial jurisdiction and extradition. Criminal trial attorneys involved in litigating complex criminal cases will benefit greatly from reading this treatise.