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Forfeiture of Property Involved in Money Laundering - Chapter 27 - Asset Forfeiture Law in the United States - Third Edition

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Originally from Asset Forfeiture Law in the United States, Third Edition
§ 27-1    Overview

This chapter discusses the Government’s authority to forfeit the “property involved” in a money laundering offense.  Six federal statutes – three authorizing criminal forfeiture, and three authorizing civil forfeiture – apply to the various money laundering offenses in title 18 and title 31 of the U.S. Code. […]

All of these statutes authorize the forfeiture of the “property involved” in the money laundering offense.  As we shall see, the courts have interpreted the term “property involved” broadly to include the money being laundered; the money or other property that is commingled with it, or obtained in exchange for it, when the money laundering transaction takes place; and any other property that facilitates the money laundering offense.  Only the forfeiture statutes for RICO and terrorism offenses provide the government with a law enforcement tool that is so sweeping in scope or so powerful in application.

 

Stefan D. Cassella, as a federal prosecutor, was one of the federal government's leading experts on asset forfeiture law for over thirty years, and now serves as an expert witness and consultant to law enforcement agencies and the financial sector as the CEO of AssetForfeitureLaw, LLC.
 


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