Asset Seizure

Extracted Attributes

• Common Targets

  Proceeds or instruments of crime, including terrorist financing and drug-related offenses

• Process Stages

  Seizure, Adjudication, and Distribution

• Primary Purpose

  To disrupt, dismantle, and deter criminal enterprises by removing beneficial assets

• Alternative Name

  Asset Forfeiture

• Legal Classification

  Criminal-justice financial obligation

• Standard of Proof (Civil)

  Probable cause

Timeline

• Texas authorities raid the YFZ Ranch, a community of the Fundamentalist Church of Jesus Christ of Latter-Day Saints. (Source: undefined)

  2008-03-29

• The State of Texas officially seizes the YFZ Ranch under laws allowing seizure of property used to facilitate criminal conduct. (Source: undefined)

  2014-04-17

• The value of assets seized and distributed in California reaches a peak before beginning a period of fluctuation. (Source: undefined)

  2016-12-31

• California reports $83.9 million in assets seized, representing a 69 percent increase over 2016 levels. (Source: undefined)

  2020-12-31

• The California Legislative Analyst's Office releases a report detailing the state's asset forfeiture processes and trends. (Source: undefined)

  2024-07-12

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. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Asset forfeiture was found to generally increase with the percentage of the assets retained depending on electoral incentives.

Web Search Results

• 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. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture "Forfeiture (law)"). The alleged purpose of asset [...] On April 17, 2014, the State of Texas seized the YFZ Ranch, a one time Fundamentalist Church of Jesus Christ of Latter-Day Saints (FLDS) community that housed as many as 700 people when it was raided by Texas on March 29, 2008. Under Texas law, authorities can seize property that was used to commit or facilitate certain criminal conduct. [...] Federal civil forfeiture cases usually start with a seizure of property followed by the mailing of a notice of seizure from the seizing agency (generally the DEA or FBI) to the owner. The owner then has 35 days to file a claim with the seizing agency. The owner must file this claim to later protect his property in court. Once the claim is filed with the agency, the U.S. Attorney has 90 days to review the claim and to file a civil complaint in U.S. District Court. The owner then has 35 days to

• What Is the Difference Between Asset Seizure and ...

  Regarding asset seizures, different types of belongings can be taken away due to a defendant’s illegal activity. Asset forfeitures can include any of the following: Each type of asset has its own set of rules and regulations for seizure. In certain circumstances, their property may be exempt. To avoid unnecessary financial hardship, you could discuss your options and concerns about forfeited funds and property with a skilled attorney. [...] Civil asset forfeiture allows law enforcement agencies to seize property from individuals or organizations suspected of criminal activity. The seized assets may include a variety of valuable items. In most cases, the government does not need to prove that the person or organization is guilty of a crime before taking the assets, only probable cause. [...] A seizure occurs when a person is no longer allowed to use a particular asset, such as when the money in their bank account is frozen. When the person’s right to the assets is permanently lost due to a judgment or court order, it is considered asset forfeiture. Not all seizures lead to forfeiture, but a seizure usually precedes forfeiture.

• Overview of State Asset Forfeiture in California

  How Does the Asset Forfeiture Process Work? „ The asset forfeiture process generally involves three steps: (1) seizure, (2) adjudication, and (3) distribution. Federal, state, and local laws and policies dictate the various processes and procedures that must be followed at each step of the process. „ Seizure — Law enforcement agencies are authorized to conduct seizures for certain types of criminal offenses and under specified circumstances. For example, law enforcement officers must generally [...] #240331 L E G I S L AT I V E A N A LY S T ’ S O F F I C E 7 Value of Assets Seized and Amount Distributed in State Asset Forfeiture Cases Has Fluctuated „ As shown in the above figure (updated from our 2020 report), both the value of assets seized and the amount distributed generally follows similar trends. Both generally increased until 2016. „ The value of assets seized has fluctuated since 2016. The $83.9 million seized in 2020 is 69 percent higher than the amount seized in 2016. However, [...] have at least probable cause to believe that an eligible drug‑related crime has occurred before assets may be seized. — Under certain conditions, prosecutorial agencies must also be involved. For example, in California cases, prosecutors are generally required to initiate drug‑related asset forfeiture seizures.

• Asset Forfeiture Program

  To achieve these goals, the Department of Justice uses asset forfeiture to the fullest extent possible to investigate, identify, seize, and forfeit the assets of criminals and their organizations while ensuring that due process rights of all property owners are protected. Asset forfeiture plays a critical role in disrupting and dismantling illegal enterprises, depriving criminals of the proceeds of illegal activity, deterring crime, and restoring property to victims. The effective use of both [...] criminal and civil asset forfeiture is an essential component of the Department’s efforts to combat the most sophisticated criminal actors and organizations—including terrorist financiers, cyber criminals, fraudsters, human traffickers, and transnational drug cartels. [...] Our Offices Find Help Contact Us Search Image 8: Search Asset Forfeiture Program (AFP or the Program) is to use asset forfeiture as a tool to deter, disrupt and dismantle criminal enterprises, denying them the proceeds and the instruments of criminal activity. The AFP involves federal, state, tribal and local law enforcement agencies across the country. Our Goals The Asset Forfeiture Program’s primary goals are:

• Asset Forfeiture - FBI

  ## History of Asset Forfeiture Asset forfeiture has its roots in the ancient practice by governments to defend against piracy through the seizure of vessels and contraband. Today it is used to disrupt, dismantle, and deter those who prey on the vulnerable for financial gain, including criminal organizations, drug dealers, terrorists, and white-collar criminals. ## Why Does the FBI Use Asset Forfeiture? [...] Civil Judicial Forfeiture: Civil judicial forfeiture is a judicial process that does not require a criminal conviction and is a legal tool that allows law enforcement to seize property that is involved in a crime. Referred to as an in rem (against the property) action, it is an action filed against the property itself, rather than a person. In civil judicial forfeiture, an individual has the right to contest the seizure through trial proceedings. The government then must prove that the [...] property that does not exceed $500,000 in value. Houses and other real property may not be forfeited administratively. Federal law imposes strict deadlines and notification requirements in the administrative forfeiture process. If the seizure is contested, then the U.S. government is required to use either criminal or civil judicial forfeiture proceedings to gain title to the property.