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What is the difference between restitution and forfeiture?

Whereas restitution is measured by the losses to victims and forfeiture is measured by the proceeds of a criminal offense, both amounts frequently turn out to be the same--especially in financial fraud cases.

What is the process of forfeiture?

The administrative forfeiture process occurs before the agency that seized the assets when no one has filed a claim contesting the seizure. There are many procedures in place, including strict time limits and noticing requirements designed to protect the interests and rights of property holders.

What are the properties to be seized?

Law enforcement can seize any type of property. They can seize physical property like cars, boats, weapons, cash, drugs, drug paraphernalia, houses, and other real property. They may also seize non-physical property such as bank accounts, royalties, and proceeds from crimes.

What is the purpose of forfeiture?

The Asset Forfeiture Programs primary goals are: To punish and deter criminal activity by depriving criminals of property used in or acquired through illegal activities. To promote and enhance cooperation among federal, state, local, tribal, and foreign law enforcement agencies.

What is the difference between seizure and forfeiture?

The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.

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