Asset Forfeiture What To Do When Police Seize Your Property
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Asset Forfeiture What To Do When Police Seize Your Property
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Author : Brenda Grantland
language : en
Publisher: Brenda Grantland
Release Date : 2011-10-07
Asset Forfeiture What To Do When Police Seize Your Property written by Brenda Grantland and has been published by Brenda Grantland this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-10-07 with Law categories.
Forfeiting Our Property Rights
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Author : Henry J. Hyde
language : en
Publisher: Cato Institute
Release Date : 1995-03-01
Forfeiting Our Property Rights written by Henry J. Hyde and has been published by Cato Institute this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-03-01 with Political Science categories.
Most people don't know it, but the government can take people's homes, cars, and money without charging them with a crime -- and the burden of recovery is on the owners! In Forfeiting Our Property Rights, Congressman Henry Hyde of Illinois examines the abuse inherent in civil forfeiture, the law that lets government take property that is merely suspected of having "facilitated" crime. Hyde shows how forfeiture law has cost innocent people their property and at least one citizen, Donald Scott, his life. In fact, over a quarter of a million Americans have had their property seized through forfeiture law. Congressman Hyde proposes an overhaul of the law to protect innocent property owners, including a shift in the burden of proof from citizen to the government and a raising of the standard the government must satisfy to seize property in the first place. This alarm on behalf of our threatened civil liberties and rights couldn't be more timely.
Stolen Asset Recovery
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Author :
language : en
Publisher: World Bank Publications
Release Date : 2009
Stolen Asset Recovery written by and has been published by World Bank Publications this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with Law categories.
This book is a first-of-its-kind, practice-based guide of 36 key concepts?legal, operational, and practical--that countries can use to develop non-conviction based (NCB) forfeiture legislation that will be effective in combating the development problem of corruption and recovering stolen assets.
Asset Forfeiture Policy Manual
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Author :
language : en
Publisher:
Release Date : 1996
Asset Forfeiture Policy Manual written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1996 with Actions and defenses categories.
The Management And Disposition Of Seized Assets
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Author : G. Patrick Gallagher
language : en
Publisher:
Release Date : 1988
The Management And Disposition Of Seized Assets written by G. Patrick Gallagher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Drug traffic categories.
Asset Forfeiture Law In The United States Second Edition
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Author : Stefan D. Cassella
language : en
Publisher: Juris Publishing, Inc.
Release Date : 2013-01-01
Asset Forfeiture Law In The United States Second Edition written by Stefan D. Cassella and has been published by Juris Publishing, Inc. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-01-01 with Law categories.
Asset Forfeiture Law in the United States - Second Edition serves as both a primer on forfeiture law for the newcomer to this area, as well as a handy resource for anyone needing a comprehensive discussion of any of the recurring and evolving forfeiture issues that arise daily in federal practice. The author is one of the federal government's leading experts on asset forfeiture law. As a federal prosecutor, he has been litigating asset forfeiture cases since the late 1980's, was a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section for many years, and is now the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD. Asset Forfeiture Law in the United States - Second Edition is a completely revised and up-to-date treatise that addresses important changes and significant developments in civil and criminal forfeiture law. Every chapter has been rewritten as a result of the explosive growth in this area of law and practice. This comprehensive one-volume resource examines and explores the outpouring of new case law stemming from federal law enforcement agencies that include the FBI, DEA, IRS and Homeland Security. The Second Edition continues to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statues, rules and cases that govern this dynamic area of the law. Many countries in Europe, Asia and Africa, as well as Australia and the Americas, have enacted asset forfeiture statutes modeled on U.S. law, making the cases interpreting the statutes relevant beyond the borders of the United States.
Asset Forfeiture Office
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Author : United States. Marshals Service. Asset Forfeiture Office
language : en
Publisher:
Release Date : 1999
Asset Forfeiture Office written by United States. Marshals Service. Asset Forfeiture Office and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999 with Forfeiture categories.
Asset Forfeiture
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Author : Dee Edgeworth
language : en
Publisher: American Bar Association
Release Date : 2004
Asset Forfeiture written by Dee Edgeworth and has been published by American Bar Association this book supported file pdf, txt, epub, kindle and other format this book has been release on 2004 with Law categories.
Among the key strategies in taking the financial incentive out of criminal activity are freezing, seizing, and confication of assets--better known as asset forfeiture. This book is a how--to, practical guide to the common legal and practical issues faced by the asset forfeiture litigator.
Asset Forfeiture
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Author :
language : en
Publisher:
Release Date : 1998
Asset Forfeiture written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1998 with Actions and defenses categories.
Asset Forfeiture
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Author : Congressional Research Service
language : en
Publisher: CreateSpace
Release Date : 2015-02-02
Asset Forfeiture written by Congressional Research Service and has been published by CreateSpace this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-02-02 with Business & Economics categories.
From its beginning in the First Congress, Congress has viewed asset forfeiture as an integral part of federal crime fighting: It takes contraband off the streets, ensures that “crime doesn't pay,” and deprives criminals of their “tools of the trade.” In short, asset forfeiture is the process of confiscating money or property from a person because it is illegal to possess, it constitutes proceeds of a crime, or it was used to facilitate a crime. Asset forfeiture became a major tool in combating organized crime, drug trafficking, and other serious federal offenses throughout the mid-to-late 20th century and continues to play a major role in federal prosecutions. In recent years, however, there has been growing opposition to the expanding scope of asset forfeiture, both civil and criminal, with objections primarily coming in two forms: procedural and structural. The procedural objections are based on the idea that the current rules pertaining to asset forfeiture heavily favor the government. With civil asset forfeiture, the property owner need not be convicted nor even prosecuted for a crime before the government can confiscate his or her property. Unlike criminal prosecutions, the property owner is not constitutionally entitled to an attorney or many other safeguards found in the Bill of Rights. The burden of proof is set at the preponderance-of-the-evidence standard, lower than the traditional criminal standard of beyond a reasonable doubt. If the property owner is claiming innocence, he has the burden of proving either that he had no knowledge of the criminal activity or that he tried to stop the activity if he did know about it. Structural objections pertain to how property and money are allocated once forfeited. The Department of Justice (DOJ) is permitted by law to keep most of the forfeited assets, creating what some view as a profit motive. Recently, DOJ stopped its practice of “adoptive forfeitures,” which allowed it to adopt property seized by state and local law enforcement as part of its “equitable sharing” program. Some saw this as a way of bypassing more stringent state forfeiture laws. Asset forfeiture faced comparable criticism several decades ago, leading Congress to enact the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), the first major overhaul in federal forfeiture law in 200 years. While this law brought about significant reform to federal forfeiture policy and procedures, some have questioned whether CAFRA went far enough to rein in what they characterize as overzealous police forfeiture tactics. Recent concerns about the current legal framework are evidenced in new reports of possible police misuse of federal forfeiture laws. Contemporaneously, reform legislation has been introduced in the 113th and 114th Congresses. With these proposals in mind, this report will provide an overview of selected legal issues and reforms surrounding asset forfeiture, including the burden-of-proof standard and innocent-owner defense in civil asset forfeiture cases, access to counsel in both civil and criminal forfeiture cases (including a discussion of the 2014 Supreme Court asset forfeiture decision Kaley v. United States), allocation of profits from confiscated assets, and DOJ's equitable sharing program.