This legislation will enact needed reforms to prevent abuse of the civil asset forfeiture process, while maintaining its importance as a critical tool for law enforcement to make our communities safer.
When properly applied, asset forfeiture strikes at the economic foundation of criminal activity.
The seizing agency didn't get to keep the forfeitures, and they weren't super-interested in doing them.
In our office, the vast majority of forfeitures are criminal, and we prefer criminal.
Attorney General Jeff Sessions reinstated an asset forfeiture policy at the Department of Justice on Wednesday, allowing police to seize property, cars and money from suspects of crimes.
Passing the seized assets to federal authorities is called adoptive forfeiture.
Unfortunately, plan sponsors routinely fail to do anything with such forfeitures.
As a general rule, forfeitures must be used as soon as possible and should not be held beyond the plan year in which they arise.
states require most forfeitures to be predicated on criminal
the states, various early statutes authorized forfeitures to be enforced
real: on average, civil forfeitures
for structuring take more than a
Basically, if the statute can be interpreted in any way that would not result in a taking or forfeiture
, that is the interpretation that should be used, and any doubts in government takings are supposed to be decided to the benefit of the property owner.
Before leaving office, Attorney General Eric Holder instituted a minor change of federal forfeiture
policies, limiting "adoption," or the federal government taking over prosecution after local authorities seize property, to cases that involve "public safety concerns" or child pornography.
increased during the Civil War and again during Prohibition, with the seizure of automobiles and other vehicles used in the transportation of liquor.
in 2011; items worth $650 or less comprised more than