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Seizure Warrants and Pre-trial Restraining Orders - Chapter 17 - Asset Forfeiture Law in the United States - Third Edition
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22083
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Originally from Asset Forfeiture Law in the United States, Third Edition § 17-1 Overview The criminal forfeiture statutes provide two methods for preserving the property subject to forfeiture pending the conclusion of the criminal trial: the Government may seize the property with a criminal seizure warrant, or it may ask the court to restrain the property pursuant to a pre-trial restraining order. The purpose of both provisions is to ensure that the property is not dissipated, alienated, or removed from the jurisdiction of the court prior to the time when the court may order the forfeiture of the property as part of the defendant’s sentence. This chapter discusses the procedural requirements for seizing or restraining property pre-trial and the grounds on which such steps may be challenged. Among other things, it discusses the showing the Government must make to obtain a seizure warrant or restraining order in the first instance, the defendant’s right to contest the restraining order once it has been entered, the interplay of the Government’s right to preserve the property pending trial and the defendant’s Sixth Amendment right to counsel, and the power of the court to restrain substitute assets and the assets of third parties and to order the repatriation of foreign assets. It begins, however, with a discussion of the alternatives available outside of the criminal forfeiture statutes that allow the Government to preserve the value of property subject to forfeiture in a criminal case.
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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