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18 U.S.C. Sec. 982(a)(5) FORFEITURE INSTRUCTION

Category:
Federal - Jury Instructions - 7th Circuit
State:
Multi-State
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US-JURY-7THCIR-18-982-A-5
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Official Pattern Jury Instructions adopted by Federal 7th Circuit Court. All converted to Word format. Please see the official site for addional information. www.ca7.uscourts.gov/pattern-jury-instructions/pattern-jury.htm
18 U.S.C. Sec. 982(a)(5) FORFEITURE INSTRUCTION is a legal provision that outlines the procedures for forfeiture of property when it has been acquired through criminal activity. This provision applies to any person convicted of certain federal crimes, including certain drug offenses, money laundering, and tax offenses. The types of property subject to forfeiture include proceeds of the offense, any property involved in the offense, and any property constituting or derived from the proceeds of the offense. The court may order the forfeiture of any or all of such property to the United States. The court may also order the forfeiture of any substitute property, which is any property that is of equal or greater value than the forfeited property. Additionally, the court may order the forfeiture of any other property as deemed necessary for the interests of justice.

18 U.S.C. Sec. 982(a)(5) FORFEITURE INSTRUCTION is a legal provision that outlines the procedures for forfeiture of property when it has been acquired through criminal activity. This provision applies to any person convicted of certain federal crimes, including certain drug offenses, money laundering, and tax offenses. The types of property subject to forfeiture include proceeds of the offense, any property involved in the offense, and any property constituting or derived from the proceeds of the offense. The court may order the forfeiture of any or all of such property to the United States. The court may also order the forfeiture of any substitute property, which is any property that is of equal or greater value than the forfeited property. Additionally, the court may order the forfeiture of any other property as deemed necessary for the interests of justice.

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FAQ

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.

(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.

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.

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.

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 law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.

18 U.S.C. Sec. 982(a)(5) FORFEITURE INSTRUCTION Related Searches

  • 18 u.s.c. 981
  • 28 u.s.c. 2461
  • 18 u.s.c. 983
  • 18 u.s.c. 984
  • 18 u.s.c. 981 a(1)(c)
  • 21 u.s.c. 853
  • 31 u.s.c. 5317
  • 18 u.s.c. 981 a(1)(a)

More info

Criminal forfeiture. 982. Criminal forfeiture.(a)(1) The court, in imposing sentence on a person convicted of an offense in violation of section 1956, 1957, or. 2005) ("Forfeiture under section 982(a)(1) in a money laundering case allows the Government to obtain a. The burden of proof in a forfeiture under the statutory provisions (18 USC §982(a)(1)) is preponderance of the evidence. Section. 982(a)(1) currency forfeitures do so. 18 USC § 2254: Civil forfeiture provisions related to sexual exploitation and other abuse of children. 18 USC § 981: Civil forfeiture. The crimes for which forfeiture is authorised in Section 981(a)(l)(C) are listing in 18 u.s. Section 982, and 21 U.S.C. Section 853; see also 18 U.S.C.. § 1963(h).

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