18 U.S.C. Sec. 981(a)(1)(H) FORFEITURE INSTRUCTION is a federal statute that outlines the process of forfeiting property connected to a criminal offense. This legal provision authorizes federal judges to issue civil forfeiture instructions, which order the seizure of any property that is involved in or derived from a specified violation of federal criminal law. This includes property which has been used to facilitate a criminal transaction, as well as property which has been acquired through proceeds derived from a criminal transaction. There are two main types of 18 U.S.C. Sec. 981(a)(1)(H) FORFEITURE INSTRUCTION: in rem, which applies to property or assets; and in personam, which applies to persons or individuals. Both kinds of instructions are designed to deprive wrongdoers of the financial benefits of their criminal activity.
18 U.S.C. Sec. 981(a)(1)(H) FORFEITURE INSTRUCTION
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FAQ
Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property that may be used to compensate victims and deter crime.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
642, the Fifth Amendment Integrity Restoration (FAIR) Act: Eliminates ?Equitable? Sharing: The federal ?equitable? sharing program allows state law enforcement officers to turn seized property over to federal officials for forfeiture?and get up to 80% of the proceeds of the forfeited property.
The Attorney General is authorized to use the Assets Forfeiture Fund to pay any necessary expenses associated with forfeiture operations such as property seizure, detention, management, forfeiture, and disposal.
While the government views civil forfeiture as a powerful tool against the drug trade, organized crime, and political corruption, it is often criticized as an unconstitutional exercise of government power, in violation of the Fourth, Fifth, and Eighth Amendments, and as against a fundamental element of due process.
Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.
Asset forfeiture laws in California are often used by law enforcement to seize all types of property and even money. Asset forfeiture laws allow the government to seize property acquired through criminal activity or used to commit a crime.
Forfeiture was originally presented as a way to cripple large-scale criminal enterprises by diverting their resources. But today, aided by deeply flawed federal and state laws, many police departments use forfeiture to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting.