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Forfeiture
Asset forfeiture is a term used to describe the confiscation of assets, by the State, which are either (a) the proceeds of crime or (b) the instrumentalities of crime. Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics. The terminology used in different jurisdictions varies. Some jurisdictions use the term "confiscation" instead of forfeiture. In recent years there has been a growing trend for countries to introduce civil forfeiture and such proceedings may be brought in the USA, Australia, the UK, Ireland, Italy, South Africa, various Canadian Provinces and Antigua.
Crawford and forfeiture
Yesterday, I talked about Crawford v. Washington, the US Supreme Court decision back in 2004 which held that if a statement is “testimonial,” it can’t be admitted, even if it falls within one of exceptions to the hearsay rule...
The Madoff Forfeiture
Previously posted here was the court's forfeiture order in the Madoff case. Guest blogging on the Madoff forfeiture is Attorney Peter Goldberger who writes: The criminal forfeiture order, negotiated between the defendant and the government w/o input from the victims...
Giles & forfeiture by wrongdoing
Prof Richard Friedman reflects on the oral arguments in Giles, the SCOTUS’s latest examination of the Confrontation Clause & related post-Crawford issues like forfeiture by wrongdoing, here, here, here & here...
Giles and forfeiture under Crawford
Giles v. California presented a pretty simple fact situation. The defendant had shot and killed his former girlfriend. He claimed self-defense, an assertion that was complicated by the fact that she didn’t have a weapon, and had been shot six times, at least once while she was lying on the ground...
More Asset Forfeiture Madness
Balko links to an article in the San Antonio Express News that investigates the patterns in asset and cash forfeiture cases in the town of Tehana, Texas...
Federal Forfeiture- One Strike and You May Be Out
Guest Blogger Todd Foster, Esq. (Cohen, Foster & Romine, P.A.) writes: I was recently hired to do something different in a federal criminal case, represent a third party claimant in a criminal forfeiture proceeding...
















