Forfeiture Law

Question 1

What do you need in order to proceed with criminal fortfeiture?

Answer 1

Must have criminal conviction on initial charge

Question 2

What is “In Rem” proceeding?

Answer 2

Forfeiture action against the “thing”

Question 3

What is Personam proceeding?

Answer 3

The person used the item in a way that violates a forfeiture statute

Question 4

Do you have to have a criminal conviction for the underlying crime for a Personam or in Rem?

Answer 4

Personam

Question 5

What statute would you use to seize a boat bringing in controlled substances?

Answer 5

1595 a(a)

Question 6

What would you use to seize the merchandise on a boat?

Answer 6

1595 a(c)(2)

Question 7

Would you go admin or judicial on a house?

Answer 7

Judicial because its real property.

Question 8

Would you go admin or judicial on a conveyance worth $800,000 that had controlled substances in a hidden compartment?

Answer 8

Admin since it had drugs.

Question 9

Would you go admin or judicial on conveyance worth $600,000?

Answer 9

Judicial since the value is more then $500k

Question 10

In order to proceed with CRIMINAL forfeiture you must first have what?

Answer 10

A criminal conviction on the underlying crime.