21 U.S.C. Sec. 853(B) defines the property subject to forfeiture under the Comprehensive Drug Abuse Prevention and Control Act. This includes any property derived from proceeds obtained, directly or indirectly, as the result of any violation of the Act, or any property used, or intended to be used, in any manner or part, to commit or facilitate the commission of a violation of the Act. The types of property that can be forfeited include tangible and intangible property, real property, and things in action. The property subject to forfeiture also includes any property traceable to proceeds obtained from any violation of the Act.
21 U.S.C. Sec. 853(B) DEFINITION OF PROPERTY
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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
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FAQ
F. 21 U.S.C. § 881(a)(7) provides that a property may not be forfeited if an owner establishes that the act or omission which makes the property forfeitable was committed or omitted without his or her knowledge or consent.
Under Federal law, there are three (3) types of forfeiture: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture.
What does "forfeiture" of a real estate contract mean? The seller cancels your rights under the contract because you are not meeting your end of the agreement, such as making your monthly payments.
Section 853 of Title 21 of the United States Code provides that the right, title, and interest in property subject to forfeiture vests in the United States upon the commission of the criminal act in question.
The seizure of a bank account, for example, takes place when you lose the right to use the money in your account. Forfeiture occurs when your rights to the seized property are permanently lost through a court order or judgment. Forfeiture occurs after seizure, and seizure does not always end in forfeiture.
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.
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(b) Meaning of term "property"Property subject to criminal forfeiture under this section includes—. (1). Title 21 - FOOD AND DRUGS CHAPTER 13 - DRUG ABUSE PREVENTION AND CONTROL SUBCHAPTER I - CONTROL AND ENFORCEMENT Part D - Offenses and Penalties Sec.853. Criminal forfeitures. § 982, which incorporates portions of 21. U.S.C. § 853, Congress established procedures governing criminal forfeiture of a person's property. Civil forfeiture of real property. Sec. 8. Stay of civil forfeiture case. Sec. Section 853 provides that any person convicted of certain felony drug offenses "shall forfeit to the. United States," among other things, "any property. 1938)). 22 See 21 U.S.C. § 853(a) (Supp.