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NCJRS Abstract

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NCJ Number: 149413 Find in a Library
Title: Forfeiture Actions Involving Foreign-Based Property and Persons
Journal: Asset Forfeiture News  Volume:5  Issue:6  Dated:(November-December 1993)  Pages:14-18
Author(s): L M Samuel; J C Marrero
Date Published: 1993
Page Count: 5
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
NCJRS Photocopy Services
Rockville, MD 20849-6000
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America

NCJRS Photocopy Services
Box 6000
Rockville, MD 20849-6000
United States of America
Document: PDF
Type: Legislation/Policy Description
Format: Article
Language: English
Country: United States of America
Annotation: This article explains the execution of the provisions of 28 U.S.C. section 1355(b)(2), which expands the reach of U.S. civil forfeiture laws to assets located abroad.
Abstract: Specifically, section 1355(b)(2) vests U.S. district courts with jurisdiction in civil forfeiture actions against assets that are within a foreign territory. The first step in obtaining the civil forfeiture of assets located abroad is to determine whether the host country will assist in this action. To that end, the Office of International Affairs (OIA) should be notified at least 10 days before any civil forfeiture action based on section 1355(b)(2) is filed. OIA will determine whether the host country will seize or restrain the property in question, help in executing the warrant of arrest in rem, and give effect to the U.S. forfeiture order by either sending the property to the United States for disposal or by registering and enforcing the U.S. forfeiture order under its own laws. This article explains the details of making requests for foreign forfeiture assistance, seizure of the property and execution of process, personal notice or service of process, publication of notice, and foreign enforcement of U.S.forfeiture orders. 13 endnotes
Main Term(s): Criminology
Index Term(s): Court orders; Forfeiture; Forfeiture law; International cooperation
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