Asset Forfeiture

Asset Forfeiture

Asset Forfeiture

In line with Paula Gormley

about Asset Forfeiture in the Encyclopedia of Law Enforcement:

Asset forfeiture is the loss of property, without compensation, due to the commission of a criminal act. Federal forfeiture occurs when federal agents target a property that may have been used to facilitate criminal activity or functions as the proceeds of criminality. Through federal litigation, any interest allocated to the property vests in the United States of America. Agencies maintaining forfeiture programs are United States attorneys' offices, the Drug Enforcement Agency, the United States Customs Service, the Federal Bureau of Investigation, the Immigration and Naturalization Service, the United States Marshals Service, the United States Postal Inspection Service, the Internal Revenue Service (Criminal Investigation Division), the United States Secret Service, and the Bureau of Alcohol, Tobacco, Firearms, and Explosives.

State Asset Forfeiture

In line with Paula Gormley

about Asset Forfeiture in the Encyclopedia of Law Enforcement:

Each state and territory in the United States of America has its own forfeiture statute. Hundreds of statutes exist that are linked to a variety of state crimes (there is more information about criminal law in the American Legal Encyclopedia and about crimes and criminals vocabulary), including drug offenses. Generally, state statutes apply language and procedures modeled after the provisions of federal forfeiture laws. As with federal forfeiture, state statutes define the conduct giving rise to forfeiture and a state officer's authority to seize property. Similarly, many state statutes provide for judicial, administrative, and summary forfeiture. Most states provide for judicial in rem or in personam proceedings, which are applied to civil and criminal forfeitures, respectively. Civil forfeitures proceed as in rem actions. In rem is a legal proceeding against an asset in which the state forfeits all right, title, and interest in that asset.

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