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Forfeiture is broadly defined as the loss of property for failing to obey the law, and that property is generally lost to the state. A person may have a vested interest in property to be forfeit in two ways: In personum jurisdiction and in rem jurisdiction.
What are the types of Asset Forfeiture? Criminal forfeiture is an action brought as a part of the criminal prosecution of a defendant. ... Civil judicial forfeiture is an in rem (against the property) action brought in court against the property.
The Kansas Standard Asset Seizure and Forfeiture Act (KSASFA), K.S.A. 60-4101 et seq., was passed in 1994. Under this act, a Kansas law enforcement agency is authorized to seize property and cash the agency alleges is involved with certain criminal activity.
What is Asset Forfeiture? Forfeiture is the government taking of property, because it was used or obtained in violation of the law. Assets subject to seizure include cars, cash, real estate, or anything of value used to commit a drug crime or bought with drug proceeds.
Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.