What type of case is asset forfeiture?
What type of case is asset forfeiture?
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime.
What does the government do with forfeited assets?
Through the Operation Goodwill program, forfeited real or personal property of marginal value can be transferred to state or local governments in support of drug abuse treatment, drug crime prevention and education, housing, job skills and other community-based public health and safety programs.
What happens when asset forfeiture?
Criminal asset forfeiture proceedings occur against a person after being convicted of an underlying criminal offense. Forfeiture laws allow the government to keep the seized cash and property, destroy the property, or sell it and keep the proceeds to fund a number of activities.
Which states allow civil forfeiture?
Since 2014, 36 states and the District of Columbia have reformed their civil forfeiture laws:
- Alabama (enacted reforms in both 2019 and 2021)
- Arizona (enacted reforms in both 2017 and 2021)
- Arkansas (2019)
- California (2016)
- Colorado (2017)
- Connecticut (2017)
- Delaware (2016)
- Florida (2016)
Have any states limited asset forfeiture or made it illegal?
Today, four states—North Carolina (1985), New Mexico (2015), Nebraska (2016) and Maine (2021)—have abolished civil forfeiture entirely and only use criminal law to forfeit property.
How does asset forfeiture work in the state of Illinois?
Asset forfeiture is the permanent confiscation of private property by law enforcement agencies at the local, state and federal levels. Illinois and federal law both permit law enforcement agencies to take cash, land, vehicles and other property they suspect is involved in or derived from illegal activity.
What is the drug asset forfeiture Procedure Act?
This Act shall be known and may be cited as the Drug Asset Forfeiture Procedure Act. (Source: P.A. 86-1382.) Sec. 2. Legislative Declaration.
What are the provisions of the Illinois Controlled Substances Act?
The provisions of this Act are applicable to all property forfeitable under the Illinois Controlled Substances Act, the Cannabis Control Act, or the Methamphetamine Control and Community Protection Act. (Source: P.A. 94‑556, eff. 9‑11‑05.)
What makes a property subject to an asset forfeiture?
Asset forfeiture is the legal process by which the government may permanently confiscate a person’s property. Property may be subject to forfeiture under federal or state law if it is suspected to be either the proceeds of a crime or an “instrumentality” of a crime (used or intended for use in the commission of a crime).