Property Forfeiture

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Commonly Asked Questions about Property Forfeiture

What does forfeiture mean in a criminal case?

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 is an example of a forfeiture?

In law, a forfeiture is the loss of rights or goods due to not fulfilling some obligation. For example, failing to make car payments to a bank can result in the forfeiture of your car. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.

What is the forfeiture law in NY?

Under New York State law, District Attorneys can forfeit proceeds of crime and instrumentalities of crime. However, in New York, state prosecutors cannot forfeit real property, except in certain drug cases. That means that they are relatively powerless to go after your home.

What is an example of asset forfeiture?

Property that can be administratively forfeited includes merchandise prohibited from importation; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value.

What are the three types of forfeiture?

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

What is a forfeiture in simple terms?

Forfeiture refers to a loss of any property, money, or assets without consideration or compensation in return. A forfeiture generally occurs due to default in complying with repayment obligations under a contract. It can also be used as a penalty for an illegal way of conducting business.

What does it mean to forfeit a property?

Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, bdocHubing a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty. Under federal law, there are civil, criminal, and administrative forfeitures.