Register | Log In
0
  • LinkedIn
  • Twitter
MENU
Welcome
Bookstore
Chapters & Articles
Arbitration Database
My Account
Pay
Journals

Chapters & Articles > Book Chapters & Journal Articles > 

Cart Summary

Your Cart is Empty
View Cart

Search Chapters & Articles

Navigation

Chapters & Articles
Book Chapters & Journal Articles

acrobatPDFlogo.png

Overview of Asset Forfeiture Law in the United States - Chapter 1 - Asset Forfeiture Law in the United States - Third Edition

Pages:

ISBN:

Published On:

Updated On:

22067
DwnLdItem
PDF Chapter
Do Not Offer

Have a question? Email us about this product!

Available Format
PDF Chapter : $40.00
Subscription Option   
User License   

Adding Item To Cart

Additional Information

  • Preview Page
  • About The Author(s)

Originally from Asset Forfeiture Law in the United States, Third Edition 

§ 1-1    Overview

Asset forfeiture is an integral part of federal law enforcement in the United States.  This introduction to federal forfeiture law attempts to answer three questions: 1) Why is asset forfeiture important to law enforcement? 2) What property is subject to forfeiture? and 3) How is forfeiture accomplished?

§ 1-2    Why Do Forfeiture?
The Supreme Court of the United States summarized the goals of the federal asset forfeiture program in Kaley v. United States.   Forfeiture, the Court said, serves to punish the wrong-doer, deter future illegality, lessen the economic power of criminal enterprises, compensate victims, improve conditions in crime-damaged communities, and support law enforcement activities such as police training.   In short, the goals of asset forfeiture are the goals of criminal law enforcement generally – punishment, deterrence, and incapacitation – plus several additional objectives that forfeiture is uniquely designed to achieve.

a.    Punishing the Wrongdoer
As most criminal prosecutors know, criminals often care more about keeping the money and other assets derived from their particular crime than they do about serving time in jail.  Accordingly, to punish the defendant, the prosecutor seeks not just to put him in jail, but to take away the fruits of his crime and the property that he used to commit it.
In the prosecutor’s view, convicting a person of fraud but allowing him to keep the fraud proceeds, or convicting a drug dealer of selling drugs but allowing him to keep the drug proceeds, would reward the criminal for engaging in criminal activity instead of punishing him for it.  Thus, prosecutors generally seek the forfeiture of property as part of the defendant’s sentence when he is convicted of a criminal offense, and will insist that any negotiated settlement of a criminal case in the form of a plea agreement include not only the defendant’s admission of his guilt, but his consent to the forfeiture of his property as well.
The goal, however, is not just to ensure that the defendant does not retain the proceeds of his crime, but to punish him for committing the crime in the first place.  Thus, courts may order the defendant to pay a judgment equal to the proceeds of his crime, even if he has dissipated the money on “wine, women and song,” and even if he has already reimbursed his victims, and thus no longer has any of the proceeds in his possession.

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.


Your questions are very important to us.

SEND US AN EMAIL

Contact Us

  • Customer Service
  • My Account
  • Conferences
  • Marketing
  • Editorial

General Information

  • About JURIS Legal Information
  • Terms of Use
  • Terms of Use Digital Products
  • Privacy Policy
  • Employment

Product Promotions

  • New Arrivals
  • Deals & Promotions
  • Best Sellers
Copyright Juris Publishing LLC
  • LinkedIn
  • Twitter
Redirecting....

Digital Standing Order Information

This product is available with an optional standing order.

By enrolling, you authorize JURIS to automatically charge your credit card on file for future digital releases, updates, supplements, or new editions when they become available. Digital standing order updates qualify for a 10% discount.

In order to complete your purchase, please select one of the following:

Yes, enroll me in digital standing order. Automatically send me future digital releases, updates, supplements, or new editions and charge my credit card on file.
No, notify me only. Do not enroll me in digital standing order. Notify me when future digital updates become available with instructions on how to purchase.
 

Digital Standing Order Benefits

If you select “Yes, enroll me in digital standing order,” you will receive the following benefits:

  • Free digital updates published within 3 months of purchase;
  • After the first three months, qualifying digital releases, updates, supplements, or new editions will be provided at a 20% discount.
  • Your credit card on file will be automatically charged for discounted digital updates, and you will receive an order receipt.

New York State sales tax will be included where applicable. To receive these benefits, you must select “Yes, enroll me in digital standing order.”

Notify-Only Option

If you select “No, notify me only,” you will receive email notifications when new digital updates are available, along with instructions on how to purchase them. Customers who select the notify-only option are not enrolled in digital standing order and are not eligible for the digital standing order discounts.

Digital Product Terms

PDF products are copyright protected and may restrict editing, copying, highlighting, or comments. All PDF products can be downloaded, saved, and printed. All digital product sales are final, and no refunds will be issued.

You may cancel your digital standing order at any time by calling +1 (631) 350-2100 ext. 3 or emailing customerservice@jurispub.com.

This offer is subject to change without notice. Some exceptions may apply.

   
 

Standing Order Information

This product is available with an optional standing order.

By enrolling in standing order, you will automatically receive future releases, updates, supplements, or new editions when they become available. Standing order customers may also qualify for special discount benefits.

In order to complete your purchase, please select one of the following:

Yes, enroll me in standing order. Automatically send me future releases, updates, supplements, or new editions with a discount.
No, notify me only. Do not enroll me in standing order. Notify me by email when future releases, updates, supplements, or new editions become available.
 

Standing Order Benefits

If you select “Yes, enroll me in standing order,” you will receive the following benefits:

  • Free updates published within 3 months of purchase;
  • 20% off updates published during the next 9 months; and
  • Automatic shipment of future updates after 9 months with a 5% discount off the then-current price.

Future shipments will be sent with an invoice. Shipping and handling charges apply, and New York State sales tax will be included where applicable.

Returns and Cancelations

Products sent on standing order may be returned for full credit if received by JURIS in saleable condition within 45 days of the invoice date. Returns should be sent to: Juris Returns Department, 920 Links Avenue, Landisville, PA 17538. If the product is not returned within this period, you are responsible for paying the invoice in full.

You may cancel your standing order at any time by calling +1 (631) 350-2100 ext. 3 or emailing customerservice@jurispub.com.

This offer is subject to change without notice. Some exceptions may apply.

   
 

Subscription Information

The product you are interested in purchasing is available on an automatic invoice renewal basis.

In order to complete your purchase please select the following:

YES, I WISH TO HAVE MY SUBSCRIPTION AUTOMATICALLY INVOICED FOR RENEWALS
PLEASE NOTIFY ME WHEN I NEED TO RENEW MY SUBSCRIPTION
 

Customers who select the YES, I WISH TO HAVE MY SUBSCRIPTION AUTOMATICALLY INVOICED FOR RENEWALS option will have their subscription automatically invoiced for renewals at the end of each subscription period without any action on their part.

The cost of the renewal will be the subscription price in effect at the time of each renewal, plus shipping and handling for print subscription publications where applicable. New York State sales tax will be applied where applicable. Subscription renewal prices are subject to change without notice.

You are not obligated to renew a subscription a minimum number of times in order to participate in our automatic invoice renewal program.

A title’s enrollment in our Automatic Invoice Renewal Subscription Program may be cancelled prior to the renewal period. No refunds/credit will be given on paid subscriptions of newsletters, journals, report/reporters or online services.

Subscribers may cancel their subscription by calling Customer support at 1-800-887-4064 or e-mailing JURIS at orders@jurispub.com or by returning the invoice marked “CANCEL”.

If you are ordering a subscription to an Online Access product via IP please note it will take a few business days to process your order.

Once your order is processed you will receive an email asking you for your IP address(s).

This information is subject to change without notice and some exceptions may apply.

   
 

Single-User: PDF/EBooks are only licensed for use to one individual and cannot be shared.
Multi-User: PDF/EBooks are only licensed for use to one company and can be used by all employees at a single site/location.
Multi-Site: PDF/EBooks are only licensed for use to one company and can be used by all employees at all sites/locations.

The PDF/E-Book products and information available for purchase on this website are either owned by or licensed to Juris and are protected by the intellectual property laws of the United States and other jurisdictions. Juris and its licensors retain all proprietary rights to these materials.