IOD 2382 Asset Forfeiture

Question 1

What is asset forfeiture?

Answer 1

Taking of property by the government without compensation, because it was used in a manner contrary to law

Question 2

What is civil forfeiture?

Answer 2

“In rem” (against the property) where the property is the defendant and no criminal charge against the owner is necessary

(Government v property)

Question 3

What is criminal forfeiture?

Answer 3

“In personam” (against the person) where the government indicts/charges the person and and the property

only property involved in particular counts on which the defendant is convicted can be forfeited

Question 4

What is administrative forfeiture?

Answer 4

Seizing agency simply keeps the forfeiture with no judicial involvement

Can not be used for real property (ie. House, land, businesses)

If owner files a claim then must return property or civil/criminal forfeiture

Question 5

What is the “Proceeds of Crime” theory of asset forfeiture?

Answer 5

“Fruits of the crime” = property that is directly traceable to the illegal activity

(Ie. Make money from drugs and use that money to buy things)

Question 6

What is the “Facilitation of Crime” theory of asset forfeiture?

Answer 6

How the asset used = makes prohibited conduct “less difficult” or “more or less free from obstruction or hindrance”

Ie. Vehicle used to transport drugs