Asset forfeiture

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Template:Expansion Asset forfeiture is often used to describe the confiscation of assets, by the State, that were used to facilitate crime against people, property, or the State itself. Any profits or rewards that are the result of or suspected of being the result of criminal activity are also subject to asset forfeiture. There are over 200 offenses which have forfeiture clauses.

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Issues

Proponents of seizure suggest that it is a necessary tool to prevent drug trafficking or other crimes. The [[revenue. Asset forfeiture is a law enforcement success story" [1]. Former president George H. W. Bush said, "[A]sset forfeiture laws allow [the government] to take the ill-gotten gains of drug kingpins and use them to put more cops on the streets."

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Legal

There are two types of forfeiture cases, criminal and civil. Almost all forfeiture cases practiced today are civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove a "preponderance of the evidence" that it is not. As such, the owner does not need to be judged guilty of any crime. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. Since the government can choose which type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years.

The United States Marshals Service is responsible for managing and disposing seized and forfeited properties. It currently manages around $1 billion worth of property. The goal of the program is to maximize the net return from seized property by selling at auctions and to the private sector and then using the property and proceeds for law enforcement purposes.

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