Whereas tainted assets are automatically
forfeitable upon conviction, RICO provides that the substitute asset provision is intended as only a last-resort measure.
On this theory, the more "innocent" one's use of property is, the more effective it is as a "front" or "cover" and therefore the more clearly
forfeitable. Entire hotels have been forfeited because one or more rooms were used by guests for drug transactions.
DEA believed that
forfeitable assets tied to the sale of LCB were maintained in escrow at Banque Libano-Francaise totaling approximately $150 million.
executives that is
forfeitable if the employment relationship is severed
Seize Car from Public Place 559 (1999) When Probable Cause Exists to Believe That It Was
Forfeitable Contraband 66 Probable Cause That Car Maryland v.
In other words, if Cisco shares are trading at $15, and it grants an executive an option to purchase 100,000 shares for a price of $15 per share,
forfeitable only if his employment is terminated (there's usually a vesting schedule), what a CBOE trader would pay for those options (given the customary 5-to-10-year lives of these options, the price would be significant) is irrelevant: Cisco takes no charge against its earnings.
83 on the cash value shifted to (and not
forfeitable) by the employee.
The Court also ruled on 6) whether law enforcement must obtain a warrant prior to seizing property that is
forfeitable, and the Court addressed 7) an evidentiary concern relevant to investigators, specifically the use of a nontestifying accomplice's confession.
But four years later a detective scouring old records for
forfeitable property found their names.
Ukraine also lacks any functional regime for locating or seizing
forfeitable assets.