Criminal forfeitures are in personam; they are instituted against named defendants whose indictments identify the forfeitable property. In a criminal forfeiture, the forfeitability of property depends on conviction of the defendant and a special verdict. The standard of proof beyond reasonable doubt applies. Criminal forfeiture came into prominence with the Continuing Criminal Enterprise Act and the Racketeer Influenced and Corrupt Organizations Act. Congress later expanded the reach of forfeiture laws with the Comprehensive Forfeiture Act of 1984, the Anti-Drug Abuse Act of 1986, the Money Laundering Control Act of 1986, and the Anti-Drug Abuse Amendments Act of 1988. A civil forfeiture proceeding is an in rem action against the property, and the guilt or innocence of the owner is irrelevant. Civil forfeiture has been widely used during the past 10 years. There are over 100 civil forfeiture statutes on the book. In general, U.S. law does not recognize common law forfeitures except for contraband. Innocence of the property owner is not a defense in a forfeiture action; therefore, serious questions have been raised as to the constitutionality of depriving an innocent owner of property without standing to challenge a forfeiture. Another problem the government often faces in both drug and money laundering cases is establishing probable cause that money is forfeitable. Court decisions and U.S. code provisions related to forfeiture are cited. 20 notes