18 U.S.C. Sec. 982(a)(2) FORFEITURE INSTRUCTION
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FAQ
Forfeit or forfeiture means losing a right, privilege, or property without compensation as a consequence of violating the law, breaching a legal obligation, failing to perform a contractual obligation or condition, or neglecting a legal duty.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
Under federal laws of the United States, law enforcement agencies and prosecutors are allowed to seize property and money from people convicted of certain federal offenses, which is called a ?forfeiture,? and most common in drug trafficking and related cases.
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.
§982. Criminal forfeiture. (a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or 1960 of this title, shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property.
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.
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.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
