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	The Federalist Society. Practice Group Newsletters. Criminal Law and Procedure. (Site not responding. Last check: 2007-11-04)
		Sometimes, return of the property to the victim and forfeiture of the means by which the crime was committed will suffice to ensure that the community is compensated and protected and the criminal is punished.
		Once again we are told that forfeiture is based on an absurd legal "fiction" that the property is guilty of the crime, which implies that property can be forfeited without proof that a crime was committed by a real live person.
		Finally, the forfeiture verdict must be based on a preponderance of the admissible evidence, not the probable cause evidence that was sufficient for the seizure.
	www.fed-soc.org /Publications/practicegroupnewsletters/criminallaw/cl010201.htm (3061 words)

	"Forfeiture" Defined & Explained
		Therefore, for purposes of determining whether a civil forfeiture is an excessive fine, the initial inquiry is whether the property (or the assets for which it has been exchanged in whole or in part) has a close enough relationship to the offense to permit its confiscation to any extent.
		Forfeiture is a punishment annexed by law to some illegal act or negligence, in the owner of lands, tenements or hereditaments, whereby he loses all his interest therein and they become vested in the party injured, as a recompense for the wrong which he alone or the Public together with himself, hath sustained.
		By forfeiture is also understood the neglect of an obligor to fulfil his obligation in proper time: as when one has entered into a bond for a penal sum, upon condition to pay a smaller at a particular day and he fails to do it, there is then said to be a forfeiture.
	www.lectlaw.com /def/f054.htm (1828 words)

	frontline: drug wars: special reports: reining in forfeiture \| PBS
		Law dictionaries define forfeiture as "loss of some right or property as a penalty for some illegal act," and its role as a tool in the war on drugs is clear: to hit drug dealers where it hurts most...in the wallet.
		The forfeiture laws allow the government to seize property from people it believes to be involved in drug-related activity, and then to use that revenue to bolster the efforts of law enforcement.
		Assisting in just one federal forfeiture, of which Clay County's share was $94,000, has allowed the sheriff's department to train a drug dog, and maintain a military surplus helicopter that it uses for surveillance work, highway pursuits, and support for the efforts of the department's SWAT team.
	www.pbs.org /wgbh/pages/frontline/shows/drugs/special/forfeiture.html (3534 words)

	Asset Forfeiture Program
		The Marshals Service administers the Department of Justice's Asset Forfeiture Program by managing and disposing of properties seized and forfeited by federal law enforcement agencies and U.S. attorneys nationwide.
		There are three goals of the Asset Forfeiture Program: enforcing the law; improving law enforcement cooperation; and enhancing law enforcement through revenue.
		Asset forfeiture is a law enforcement success story, and the Marshals Service plays a vital role.
	www.usdoj.gov /marshals/assets/assets.html (400 words)

	LII Backgrounder on Forfeiture
		Forfeiture, the government seizure of property connected to illegal activity, has been a major weapon in the Federal government's "war on drugs" since the mid-eighties.
		Forfeiture is a potent deterent, as well as a revenue source on which law enforcement has grown increasingly dependent.
		Since the forfeiture acts "against the person" and requires conviction of a crime, the first line of defense is against the conviction.
	www.law.cornell.edu /background/forfeiture (2134 words)

	Chapter 475A — Civil Forfeiture
		From the time of seizure until the civil forfeiture proceeding is abandoned, or until a court ultimately enters or fails to enter a judgment of forfeiture, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court.
		If the seizing agency elects not to seek forfeiture, it shall pay all costs and expenses relating to towing and storage of the property, and shall cause to be discharged any possessory chattel liens arising under ORS 87.152 to 87.162 that have attached to the property since its seizure and release the property.
		From the time of seizure until the forfeiture proceeding is abandoned, or until a court ultimately enters or fails to enter a judgment of forfeiture, all deposits except the deposit of interest by the financial institution, withdrawals or other transactions involving the account are prohibited, unless approved by the court.
	www.leg.state.or.us /ors/475a.html (10386 words)

	ASSET FORFEITURE: RULES AND PROCEDURES
		Forfeiture against the person operated in personam and required a conviction before the property could be wrested from the defendant.
		As, therefore, suits for penalties and forfeitures incurred by the commission of offenses against the law, are of this quasi criminal nature, we think that they are within the reason of criminal proceedings for all the purposes of the fourth amendment of the constitution.
		In actions for the enforcement of forfeitures for violation of any statute of the United States the complaint shall state the place of seizure and whether it was on land or on navigable waters, and shall contain such allegations as may be required by the statute pursuant to which the action is brought.
	www.drugtext.org /library/articles/grantland01.htm (10050 words)

	Jan 96: Meeker-Lowry; Asset Forfeiture
		Forfeiture is the term referring to the government's seizing of property because of an alleged crime.
		Modern forfeiture statutes are often traced to the mid-17th century English Navigation Acts which required most goods to be shipped in English vessels and considered the owner of a ship liable for the actions of the crew, regardless of whether he was aware of them or not.
		Forfeiture and the criminal “justice” system in general became a personal issue for me in 1990 when two of my closest friends were arrested.
	www.zmag.org /ZMag/articles/jan96meeker.htm (4113 words)

	Does the Civil Asset Forfeiture Reform Act of 2000 Bring a Modicum of Sanity to the Federal Civil Forfeiture System (Site not responding. Last check: 2007-11-04)
		To establish a civil forfeiture action against the thing or property, prior to the passage of CAFRA, the government had only to establish probable cause that property should be seized and forfeited.
		Civil forfeiture in the United States is unique in respect of other countries in that it focuses on in rem jurisdiction as opposed to in personam jurisdiction.
		to provide for compensation to victims of forfeiture where their property was seized for the purposes of forfeiture and the claimant was not convicted of a crime giving rise to that forfeiture.
	www.malet.com /does_the_civil_asset_forfeiture_.htm (4911 words)

	NewStandard: 8/8/99
		In the decades since drug forfeiture laws first took effect in Massachusetts and across the nation, revenues from the confiscated assets of drug dealers have taken on a major role in financing law enforcement.
		When the state's drug forfeiture law first was passed in the 1970s, illegal drug trafficking was perceived as out of control and law enforcement as chronically underfunded.
		In Arkansas, legislation was introduced to revamp the state law requiring all forfeitures in excess of $250,000 to be deposited into a state fund for anti-drug efforts.
	www.s-t.com /daily/08-99/08-08-99/a01lo010.htm (2975 words)

	rrcc-forfeiture (Site not responding. Last check: 2007-11-04)
		In the beginning, forfeiture was seen as an administrative matter in which the General Land Office could restore to the public the grant lands of a railroad which had failed to meet its construction deadlines.
		The organized push for general forfeiture legislation was softened by land grant defenders in the Senate, who succeeded in limiting the forfeitures to lands adjoining uncompleted portions of the railroads.
		Forfeiture historian Ellis marks 1894 as the end of the forfeiture movement, observing that the later forfeiture cases of the Oregon and California and Northern Pacific Railroad grew out of special circumstances, and were different from the 1867-1890 forfeitures, which were based mainly upon the construction and time limit failures of the railroads.
	www.endgame.org /rrcc-forfeiture.html (11097 words)

	The Devil is in the Details: The Forfeiture Example of American "Justice"
		If "the property subject to forfeiture is real property that is being used by the person as a primary residence, the court, at the request of the person, shall insure that the person is represented by an attorney for the Legal Services Corporation with respect to the claim.
		The purpose of the summary forfeiture procedure was to save the government the time and expense of a judicial condemnation proceeding in cases where the value of the seized property was small.", according to the court in "U.S. v.
		Until recently, one of the benefits that the government touted about forfeiture was that by prosecuting the property rather than a person using the property in a crime, at least, someone was punished and the process was very simple compared to the prosecution of the actual perpetrator of a crime.
	www.lewrockwell.com /orig/felkins11.html (3971 words)

	Forfeiture / The Kubinski family
		In civil asset forfeiture, the property, not the owner, is accused of the crime.
		Civil asset forfeiture laws allow the government to seize property without charging anyone with a crime, and then keep it without ever having to prove a case.
		Until recently, it was held irrelevant to the forfeiture case (where you must prove your money or property was legally obtained or is innocent of facilitating a crime).
	www.hr95.org /Forfeit.html (926 words)

	Full Text of Utah Initiative B - Utah Property Protection Act of 2000
		An owner's interest in property, excluding contraband, shall not be civilly or criminally forfeited under a provision of state law unless such forfeiture is substantially proportional to both the use of the property in committing or facilitating a violation of state law and the value of the property.
		Forfeiture of property used solely in a manner that is merely incidental and not instrumental to the commission or facilitation of a violation of law is not proportional, as a matter of law.
		(c) any forfeiture of a conveyance subject to a bona fide security interest is subject to the interest of a secured party who could not have known in the exercise of reasonable diligence that a violation would or did take place in the use of the conveyance.
	www.nationalfamilies.org /guide/utahIB-full.html (11920 words)

	Ethics and Self-Funding Police Budgets: The Louisiana Drug Asset Forfeiture Law
		The law allows the proceeds to be divided up among the agencies making the bust, the District Attorney’s office, and the Court fund prosecuting the case, with the funds to be used to finance the continuing war on drugs.
		This paper traces the history of drug asset forfeiture laws, examines their application in Louisiana as revealed by a recent state audit, and considers the ethical implication of a budgetary tool such as this.
		A set of ethical standards for forfeiture cases that must be followed by all local law enforcement agencies.
	www.spaef.com /GVER_PUB/v1n3_prejean.html (6511 words)

	JMD: Asset Forfeiture Program
		The Department of Justice's Asset Forfeiture Program is a nationwide law enforcement program that continues to be an effective and powerful strategy in the fight against crime.
		Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals.
		Scope: The Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes.
	www.usdoj.gov /jmd/afp (336 words)

	Asset Forfeiture: Unconstitutional Property Theft by our Governments
		We are certainly not the first to be ‘enormously troubled by the government’s increasing and virtually unchecked use of the civil forfeiture statutes and the disregard for due process that is buried in those statutes’" ( Quoting Judge George Pratt in US v.
		Although the exclusionary rule applies to forfeiture proceedings, tainted evidence may still be sufficient to meet the lower burden of proof.(10) Indeed, civil forfeiture may be a viable option despite an acquittal on criminal charges.(11)
		Another reason, of course, is that forfeiture provides a very substantial source of income for police at both the federal and local level.
	perspicuity.net /forfeiture/forfeit.html (1781 words)

	Federal Bureau of Investigation - Investigative Programs - Asset Forfeiture
		Asset forfeiture" takes the profit out of crime" by helping to eliminate the ability of the offender to command resources necessary to continue illegal activities.
		The use of asset forfeiture in criminal investigations aims to undermine the economic infrastructure of the criminal enterprise.
		Asset forfeiture can remove the tools, equipment, cash flow, profit, and, sometimes, the product itself, from the criminals and the criminal organization, rendering the criminal organization powerless to operate.
	www.fbi.gov /hq/cid/asset/asset.htm (307 words)

	Breaking Issue: Asset Forfeiture (Site not responding. Last check: 2007-11-04)
		Under civil asset forfeiture law, inanimate objects are accused of wrongdoing -- regardless of whether the object's owner is blameworthy in any way.
		Department of Justice Assets Forfeiture Fund, which allows most of the proceeds from civil asset forfeiture cases to be returned to law enforcement officials.
		Forfeiture Endangers American Rights (FEAR) Site includes an enormous amount of material, including legislative updates, legal resources, victim stories, and information for reform activists.
	www.reason.com /bi/bi-forf.shtml (1545 words)

	Forfeiture - By Oren the Otter (Site not responding. Last check: 2007-11-04)
		He had just performed a forfeiture on an innocent man. The H. directors would do something nasty to him for sure.
		He would always be less fox than a fox, and even less of a fox than the humans were to come after him.
		It seemed that this young lady had once been a human, and a member of this group of freedom fighters, and received a forfeiture as he had.
	otter.transform.to /stories/forfeiture.htm (957 words)

	The Memory Hole > The Forfeiture Documents That the Justice Dept Wanted to Destroy
		In half the cases, the reason given is that the material wasn't meant to be released, that it's for "internal use only" or "official use only." [ learn more ]
		On 22 July 2004, the Justice Dept—via the Government Printing Office—told libraries to destroy five documents on asset forfeiture, a highly controversial practice in which the authorities take people's property.
		One of the documents on the burn list—"Civil and Criminal Forfeiture Procedure"—was sent to libraries on microfiche and isn't currently available here.
	www.thememoryhole.org /doj/forfeiture_docs.htm (386 words)

	American Civil Liberties Union : Drug Policy : Asset Forfeiture
		NEW YORK - Saying asset forfeiture laws provide the police with a license to steal, the American Civil Liberties Union has launched a new attack against this form of unfettered law enforcement abuse with its latest national advertisement.
		Letter to the Senate on Legislation to Increase Law Enforcement Electronic Surveillance, Civil Asset Forfeiture, Prosecution of Juveniles in Federal Court, and to Make the Use of Encryption a Grounds for Enhancing a Criminal Penalty
		Letter to the House on "The Civil Asset Forfeiture Act of 1999"
	www.aclu.org /DrugPolicy/DrugPolicylist.cfm?c=76 (310 words)

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