Abstract
This report discusses the goals that asset forfeiture is intended to serve in the federal criminal justice system, the types of property that are subject to forfeiture, and the procedures that are used to initiate, litigate, and conclude asset forfeiture cases. With respect to procedure, its focus is on non-conviction-based (NCB) forfeiture, and especially on the safeguards that protect the property interests and due process rights of property owners.
Highlights
The United States has a robust asset forfeiture program
In each of the last five fiscal years, federal law enforcement agencies have recovered more than two billion dollars in assets through criminal and nonconviction-based asset forfeiture actions.[1]
The remainder involved assets found in the United States that were derived from violations of foreign law
Summary
In each of the last five fiscal years, federal law enforcement agencies have recovered more than two billion dollars in assets through criminal and nonconviction-based asset forfeiture actions.[1] Most of those recoveries were based on violations of the federal criminal law. The remainder involved assets found in the United States that were derived from violations of foreign law. The recovered assets are applied to victim restitution; in the remaining cases, the money is distributed among the federal, state and local law enforcement agencies, and is used for law enforcement training and equipment and to defray investigative and litigation expenses. In cases where the assets were derived from a violation of foreign law, the recoveries are shared with the foreign states pursuant to existing Mutual Legal Assistance Treaties (MLATs). Its focus is on non-conviction-based (NCB) forfeiture, and especially on the safeguards that protect the property interests and due process rights of property owners
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