Enforce Forfeiture Provisions Forms

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Commonly Asked Questions about Enforce Forfeiture Provisions Forms

What are the different types of forfeiture?

There are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

What type of proceeding is a civil forfeiture?

Civil Judicial Forfeiture In rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense.

What is the difference between criminal forfeiture and administrative forfeiture?

While the government sometimes will charge you with a crime and attempt to forfeit your property through the criminal forfeiture process, the government often will pursue civil or administrative forfeiture proceedings which do not require any criminal conviction or even filing of any criminal charges.

What type of forfeiture is considered to be an in rem court proceeding?

Civil judicial forfeiture is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

What is the process of forfeiture?

Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant.

What are the three types of forfeiture cases?

Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

What are the two types of forfeiture proceedings?

What are the types of forfeiture? Criminal forfeiture is included as part of a defendants criminal prosecution. If the defendant is convicted or has a plea agreement, the court may forfeit the property. Civil forfeiture is a proceeding brought against the property itself.

When can the US government file a civil forfeiture complaint with the AML?

Under 18 U.S.C. 981, a civil forfeiture action can be brought against property involved in or traceable to the money laundering conduct even if no one has been convicted of money laundering.