Stanley L. Friedman
AV Rated Certified Criminal Law Specialist
Asset Forfeiture

Under certain circumstances, asset forfeiture laws permit the federal government to seize property at the commencement of legal proceedings and later have it permanently forfeited to the federal government. Forfeiture may accompany a criminal case or it may be brought alone. Six Department of Justice components are involved with the seizing and forfeiting assets; they are: the Federal Bureau of Investigation, the Drug Enforcement Administration, the Immigration and Naturalization Service, the United States Marshals Service, the United States Attorneys and the Criminal Division. Additionally, the United States Postal Inspection Service, the United States Park Police and the Food and Drug Administration participate in asset forfeiture activities.

In 1970, Congress greatly expanded the nation's forfeiture laws when it passed both the Racketeer Influenced and Corrupt Organizations Act (sometimes called "RICO"), which authorized forfeiture for "racketeering," and the Comprehensive Drug Abuse and Prevention and Control Act, which authorized forfeiture for a "continuing criminal enterprise" (sometimes called the "Drug Kingpin" laws).

Later, in 1986, Congress passed the Anti-Drug Abuse Act which authorized the use of forfeiture in money laundering cases and further authorized the sharing of funds and property forfeited with cooperating foreign governments. Again, in 1988, Congress hardened forfeiture laws when it passed another Anti-Drug Abuse Act that expanded the use of forfeiture in money laundering cases and also established a system of distributing seized assets.

In 1989, Congress passed the Financial Institution Reform, Recovery and Enforcement Act (sometimes called "FIRREA") that authorized both civil and criminal forfeiture for bank-related crimes. Subsequently, in 1990, 1992, 1994, and 1996, Congress added other crimes (i.e., car-jacking, counterfeiting, food stamp and health care fraud, and immigration offenses) to its list of crimes for which the government may forfeit property.

Billions of dollars in cash and property have been seized and subsequently forfeited to the government. Commonly forfeited items include: cars, boats, airplanes, real estate and cash. However, just about anything can be seized and forfeited. A list of unusual properties seized and forfeited to the government would include sports teams, striptease clubs and a Broadway play.

 
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