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Guilty Pleas and the Forfeiture Phase of the Trial -Chapter 18 - Asset Forfeiture Law in the United States - Third Edition
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22084
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Originally from Asset Forfeiture Law in the United States, Third Edition § 18-1 Overview Because criminal forfeiture is part of the defendant’s sentence, the criminal trial must be bifurcated into a guilt phase and a forfeiture phase. Accordingly, if a defendant elects to go to trial in a criminal case and is convicted by a jury, he is entitled to have the jury retained to determine the forfeiture in a second phase of the trial, or he may waive the jury and elect to have the court determine the forfeitability of the property at another time prior to sentencing. Similarly, a defendant who pleads guilty to a criminal offense retains the right to object to the forfeiture of his property and may ask the court to determine its forfeitability as a separate matter. This chapter begins by discussing the reasons why the criminal trial must be bifurcated and the procedure for accepting a guilty plea to an offense for which the Government is seeking forfeiture. It then discusses the trial procedure, including the right of either party to demand a jury, the standard of proof, the presentation of evidence, the jury instructions, and the use of special verdict forms. It concludes with a discussion of the issues that are within the purview of the jury and those that are solely within the purview of the court and are deferred until the post-trial ancillary proceeding.
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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