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Commonly Asked Questions about Forfeiture Rights Disclosure Forms

Forfeiture is the government taking of property, because it was used or obtained in violation of the law. Assets subject to seizure include cars, cash, real estate, or anything of value used to commit a drug crime or bought with drug proceeds.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative 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.
As part of a New York State criminal case and except in certain circumstances, the only way the prosecutor can demand forfeiture is by attaching a forfeiture stipulation as a condition of a plea offer and, even in those circumstances, the District Attorney receives forfeiture only in exchange for agreeing not to file a
New Yorks highest court has held that an employee who resigns and violates a non-compete clause can be held to have forfeited any right to post-employment compensation even if the non-compete clause is found to be unreasonable.
Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct.
Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.