Congress in 1984 amended the Comprehensive Drug Abuse and Prevention Act of 1970 to create the Assets Forfeiture
Fund, with the proceeds from the seizure and sale of forfeited properties to go to the Department of Justice and other federal law-enforcement agencies, instead of going into the general fund.
83, the rights of a person in property are generally subject to a substantial risk of forfeiture
if rights to its full enjoyment are conditioned upon the future performance of substantial services by any person.
Attorney's Offices in Arkansas are on track to collect more money from civil forfeiture
lawsuits in the current fiscal year than in 2012.
who proved not only that he was uninvolved in and unaware of the wrongful activity, but also that he had done all that reasonably could be expected to prevent the proscribed use of his property; for, in that circumstance, it would be difficult to conclude that forfeiture
served legitimate purposes and was not unduly oppressive.
Ferguson said at the time of the forfeiture
hearing that family members feared Mr.
The decision made it clear that relief from forfeiture
is not automatic and that the approach taken by the court depends on the facts of the individual case.
Therefore, such rights are not subject to a substantial risk of forfeiture
for the purpose of Section 409A.
The interest, which is treated as interest on an underpayment of tax, is determined by reference to the underpayments of tax that would have occurred if the deferred compensation had been included in gross income for the taxable year in which first deferred or, if later, for the first taxable year in which such deferred compensation is not subject to a substantial risk of forfeiture
In addition to the forfeiture
, the Figliolias and their company will file amended state and federal tax returns for the time period covered by the pleas.
The American Bar Association (Chicago, IL) has published Asset Forfeiture
: Practice and Procedure in State and Federal Courts, a paperbound book that is a guide to common legal issues involved with asset forfeiture
and is targeted to both defense attorneys and prosecutors.
section] 457(b): "Eligible for tax deferral without substantial risk of forfeiture
The key provision of the 2000 law - no forfeiture
without a conviction - would remain in all but a few cases.
passage of the Civil Asset Forfeiture
Reform Act of 2000 (CAFRA), Pub.
Among a long list of irregularities, the auditor general highlighted the NPA unit responsible for the forfeiture
to the state of failing "to disclose forfeiture
assets and monies from confiscation and forfeiture
orders in the financial statements".
of criminal property; legal measures for targeting the proceeds of crime.