Question: What Are Forfeiture Laws?

What are drug forfeiture laws?

Civil asset forfeiture allows the government to seize cash, cars, real estate, or other property suspected of being connected to criminal activity, even if the owner is never arrested for a crime.

As the war on drugs intensified, Congress expanded the range of property subject to forfeiture..

What is a forfeiture on a 401k?

If your 401(k) Plan has made employer contributions to your company’s 401(k) account, you may have built up amounts in an account called. “Forfeitures”. These forfeiture accounts hold the employer contribution amounts that accrue when an employee leaves the Plan and their account is not fully vested.

Where does asset forfeiture money go?

Most of the money seized by this civil asset-forfeiture process returns to the law-enforcement agencies that seized it, providing funds for a variety of law-enforcement needs and desires, including exercise equipment, squad cars, jails, military equipment and even a margarita maker.

Can civil asset forfeiture be sought under federal law?

Federal law imposes strict deadlines and notification requirements in the administrative forfeiture process. If the seizure is contested, then the U.S. government is required to use either criminal or civil judicial forfeiture proceedings to gain title to the property.

What forfeiture means?

Forfeiture is the loss of any property without compensation as a result of defaulting on contractual obligations, or as a penalty for illegal conduct. … The process of forfeiture often involves proceedings in a court of law.

Is a forfeiture a crime?

Forfeiture is the government seizure of property connected to criminal activity. … In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime.

What can asset forfeiture funds be used for?

After a sale, the proceeds are deposited into an account known as the Criminal Assets Recovery Account (CARA). These monies are then used for law enforcement purposes. Money is distributed to the prosecution and police to assist them in fighting crime. Victims of crimes are also considered.

What is a complaint for forfeiture?

The party who seized the property will file a complaint in the circuit court seeking forfeiture of the property. This means the government is asking the court to keep the property once it has seized it.

Why is civil asset forfeiture good?

Proponents see civil forfeiture as a powerful tool to thwart criminal organizations involved in the illegal drug trade, with $12 billion annual profits, since it allows authorities to seize cash and other assets from suspected narcotics traffickers.

Are cops allowed to take your money?

Under a little-known legal tool called civil forfeiture, the government can permanently take a person’s property if an officer suspects it is connected to a crime. In criminal cases, forfeiture occurs after a conviction, ordered by a judge as part of a sentence.

What states have civil forfeiture laws?

Since 2014, 35 states and the District of Columbia have reformed their civil forfeiture laws:Minnesota (the state enacted reforms in both 2014 and 2017)Michigan (the state enacted reforms in 2015, 2017 and 2019)Georgia.Utah (the state enacted reforms in both 2015 and 2017)Indiana.Montana.Nevada.New Mexico.More items…•

What are the two types of asset forfeiture?

There are two types of forfeiture (confiscation) cases, criminal and civil. Approximately half of all forfeiture cases practiced today are civil, although many of those are filed in parallel to a related criminal case.

What happens to the drug money seized by police?

SEIZED: How law enforcement uses drug money after it’s taken off the streets. … After the seizure, the drugs are destroyed and the guns are disposed of unless they can be sold. Police say the cash and assets are taken to a secure location where they sit until going through the court system.

What does criminal forfeiture mean?

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.