Forfeiture Law

Question 1

real property:

Answer 1

• non moveable objects like HOUSES, BUSINESS, LAND

Question 2

personal property:

Answer 2

• moveable objects like CARS, BOATS, FURNITURE

Question 3

title:

Answer 3

• evidence of ownership

Question 4

legal title:

Answer 4

• right of ownership RECOGNIZED BY LAW

- ex: when person buys car in full, he gets “car title”

Question 5

equitable title:

Answer 5

• right to acquire legal title under certain circumstances

- ex: when you buy a car through bank, bank has equitable title

Question 6

when a crime is committed at the border and the government seizes that car, what kind of title does the govt have initially?

Answer 6

• equitable title

Question 7

def of forfeiture:

Answer 7

• the process by which the govt converts EQUITABLE TITLE to LEGAL TITLE in that property.

Question 8

what is the forfeiture statute?

Answer 8

• 21 USC 881

Question 9

in REM:

Answer 9

• civil forfeiture

- of the “thing”: boat, car, plane

Question 10

in PERSONAM:

Answer 10

• criminal forfeiture

- against the person

Question 11

in order to acquire legal title in property, the government must first get a _______ for the underlying crime.

Answer 11

• conviction

Question 12

judicial forfeiture:

Answer 12

• court decides whether property is forfeited

Question 13

non judicial forfeiture:

Answer 13

• agency decides whether property should be forfeited to govt.

Question 14

another name for non judicial forfeiture is _________

Answer 14

• admin forfeiture

Question 15

aviation smuggling

Answer 15

• prohibits the transportation of prohibited or restricted merchandise for the purpose of unlawful introduction into the US.

Question 16

outfitted for smuggling:

Answer 16

• if any of these occur within 250 miles of territorial seas:
• operation of vessels without lights when required
• auxiliary fuel tank
• failure to identify vessel correctly
• false registration numbers, false country, or false vessel name
• prohibited merchandise on board
• unmanifested controlled substances on board
• hidden compartments
• failure to stop when hailed by customs

Question 17

items that can be seized non judicial (admin forfeiture):

Answer 17

• items under 500k
• prohibited merchandise
• conveyances used to import controlled substances
• monetary instruments (currency, travelers checks, negotiable instruments in bearer form)

Question 18

items that can be seized through judicial forfeiture:

Answer 18

• real property
• personal property over 500K
• claim and cost bond