Virginia Petition for Forfeiture of Auto - 41-29-101
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981 civil forfeiture says, ?(a) (1) The following property is subject to forfeiture to the United States: (A) Any property, real or personal, involved in a transaction or attempted transaction in violation of section 1956, 1957 or 1960 of this title, or any property traceable to such property.?
§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.
Require the government to have the burden of proof in establishing that someone is not an ?innocent owner.? American asset forfeiture law has two branches.
The laws of Virginia allow law enforcement to seize money, property, and vehicles allegedly connected with terrorism (19.2-386.15); prostitution (19.2-386.16); transporting stolen property (19.2-386.16); money laundering (19.2-386.19); illegal gambling (19.2-386.30); exploitation of children (19.2-386.31, 19.2-386.32); ...
(3)(A) Not later than 90 days after a claim has been filed, the Government shall file a complaint for forfeiture in the manner set forth in the Supplemental Rules for Certain Admiralty and Ma- ritime Claims or return the property pending the filing of a complaint, except that a court in the district in which the ...
Civil forfeiture allows the government (typically the police) to seize ? and then keep or sell ? any property that is allegedly involved in a crime or illegal activity. Owners need not ever be arrested or convicted of a crime for their cash, cars, or even real estate to be taken away permanently by the government.
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.