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Assets Seizure and Forfeiture: Developing and Maintaining a State Capability

NCJ Number
153522
Date Published
1994
Length
122 pages
Annotation
Guidance for the development and maintenance of a State capability in assets seizure and forfeiture addresses forfeiture laws and procedures, the forfeiture process, public policy interests that affect forfeiture programs, planning for the use of forfeiture, and various other issues pertinent to an effective forfeiture process.
Abstract
In technical terms, forfeiture is a legal mechanism by which property derived from or used in the furtherance of criminal activity can be seized and forfeited to the government, with the owner losing all rights to the property without compensation. The manual views forfeiture as a process. This involves police and prosecutors working together to produce a successful forfeiture from the beginning of an investigation to disposition of the case. The first chapter provides a general overview of forfeiture provisions, followed by a chapter that describes the main steps of the general forfeiture process. Chapter III includes a discussion of public policy interests that affect forfeiture programs, and the fourth chapter provides information on planning for the use of forfeiture. Chapter V discusses the role of police and prosecutorial discretion in forfeiture cases, and the next chapter considers the use of financial investigations in forfeiture cases. Remaining chapters address the management and disposition of seized or forfeited assets, various interagency approaches for developing a forfeiture capability, and a model curriculum and practical exercise. Appended supplementary material