Forfeiture Actions Flashcards
What are forfeiture actions?
Actions for forfeiture are brought directly against property and are generally regarded as quasi-criminal in nature. Certain constitutional rights may exist for those persons whose interest in property would be lost by forfeiture.
What is the right to pre-seizure notice and hearing?
The owner of personal property (and others with an interest in it) is not constitutionally entitled to notice and a hearing before the property is seized for purposes of a forfeiture proceeding. A hearing is, however, required before final forfeiture of the property. Where real property is seized, notice and an opportunity to be heard is required before the seizure of the real property unless the government can prove that exigent circumstances justify immediate seizure.
What is the general rule of the eighth amendment?
The Supreme Court has held that the Excessive Fines Clause of the Eighth Amendment applies only to fines imposed as punishment; it does not apply to civil fines. Thus, penal forfeitures are subject to the Clause, but civil forfeitures are not.
What are penal forfeitures?
If a forfeiture is penal and the Clause applies, the forfeiture will not be “excessive” unless grossly disproportionate to the gravity of the offense (for example, forfeiture of $357,144 was found disproportionate to the crime of failing to report that that sum of money was being transported out of the country).
What are civil in rem forfeitures?
Civil in rem forfeitures generally are not subject to the Excessive Fines Clause. However, forfeitures made under the federal drug forfeiture statute are penal and therefore are subject to the Clause.
What are monetary forfeitures?
Monetary forfeitures (for example, forfeiture of twice the value of illegally imported goods) brought in civil actions generally are not subject to the Eighth Amendment
