NCJ Number
132329
Journal
Illinois Bar Journal Volume: 79 Dated: (April 1991) Pages: 180-185
Date Published
1991
Length
6 pages
Annotation
Addressing administrative procedures and outlining a step-by-step review of civil forfeiture proceedings, the discussion provides a guide to give criminal practitioners a working knowledge of the nuances involved in drug forfeiture cases.
Abstract
The criminal forfeiture provisions applicable in drug cases appear in 21 U.S. Constitution section 853. Three criminal forfeiture provisions require attention: the government, pursuant to statute, can apply for a court order allowing seizure or restraint of targeted assets prior to trial; the attorney general has authority to grant remission petitions or settle forfeiture claims; and the government can seek forfeiture of substitute property. Counsel needs to know the procedures that a third party must follow in criminal forfeiture cases to preserve a claim to forfeiture property. At an evidentiary hearing held within 30 days after a petition has been filed, petitioners, who bear the burden of proof, must show that their claim of right is superior to the defendant's and was established prior to the act giving rise to forfeiture or that they are a bona fide purchaser without cause to believe that the property was subject to forfeiture at the time of purchase. 34 footnotes