What is an example of civil forfeiture?

Police can seize not only cash from cars but real estate such as a person’s home. For example, homes have been seized even if someone other than the homeowner on the premises committed drug crimes without the owner’s awareness.

What is an illegal confiscation?

Confis- cation means the permanent deprivation of the proceeds of crime or of property of corresponding value. Confiscation is based upon the principle that proceeds of crime should be forfeited, as a convicted person should not benefit from his or her criminal activity.

What does subject to confiscation mean?

Confiscation of assets or property is the permanent deprivation of property by order of a court or administrative procedures, which transfers the ownership of assets derived from criminal activity to the State.

Why is confiscation important?

A robust system of provisional measures and confiscation is an important part of an effective anti-money laundering and counter-terrorist financing regime. Confiscation prevents criminal property from being laundered or reinvested either to facilitate other forms of crime or to conceal illicit proceeds.

What is the difference between civil and criminal forfeiture?

Criminal forfeiture operates as punishment for a crime. It, therefore, requires a conviction, following which the state takes the assets in question from the criminal. Civil forfeiture rests on the idea (a legal fiction) that the property itself, not the owner, has violated the law.

What is the purpose of civil forfeiture?

Civil forfeiture allows police to seize — and then keep or sell — any property they allege is involved in a crime. 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.

What is the difference between forfeiture and confiscation?

A forfeiture order deprives the defendant of title there and then, whereas a confiscation order is only an order to pay a sum of money enforced as if it were a fine. If confiscation is invoked the court will not usually be able to make a forfeiture order.

What happens to items confiscated by the police?

Once an arrest has been made, confiscated property is generally taken to the police department where it will be filed and catalogued by a clerk. The clerk will then issue a “property voucher” to the owner. This acts as a receipt, and will allow the owner to retrieve their property if it is lawful to do so.

What are the three types of forfeiture?

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

Why is civil forfeiture legal?

Civil asset forfeiture laws allow police to seize property, money, or assets if police merely believe it is connected to criminal activity. Police do not have to file charges or even establish guilt in these cases before seizing and keeping property and there is no limit to what police can seize.