Forfeiture Actions

Question 1

What is the nature of forfeiture actions?

Answer 1

• Actions for forfeiture are generally brought directly against the property.
• they are “Quasi-criminal” in nature
• there may be certain constitutional rights for persons w interest in the property

Question 2

What is the rule with regards to notice and hearing within regards to seizure of PERSONAL PROPERTY?

Answer 2

Person w interest in personal property:

Not constitutionally entitled to notice/hearing –> BEFORE property is seized for forfeiture proceeding

IS constitutionally entitled to notice/hearing –> before FINAL forfeiture of property

Question 3

What is the rule with regards to notice and hearing within regards to seizure of REAL PROPERTY?

Answer 3

Notice + opportunity to be heard is required UNLESS:

- gov can prove that EXIGENT CIRCUMSTANCES require immediate seizure

Question 4

What is the rule w regards to asset forfeiture and the 8th amendment?

Answer 4

8th amendment excessive fines clause only applies to:
- fines imposed as punishment

Does NOT apply to –> civil fines/forfeitures

Civil in rem forfeitures –> 8th amendment does not apply

Money forfeitures brought in civil actions (twice the value of illegally imported goods) –> 8th amendment does not apply

Question 5

If 8th amendment excessive fine clause applies to seizure, what is the standard?

Answer 5

Forfeiture will not be excessive unless “GROSSLY DISPROPORTIONATE” to gravity of offense

Question 6

With regards to asset forfeiture, does the due process clause require an “innocent owner’s defense”?

Answer 6

NO.

..at least not where owner voluntarily entrusted property to wrongdoer