The exclusionary rule acts as a deterrent in civil forfeitures
has become a primary area of police activity.
104) The Escheats Act differs from the Fines and Forfeitures
Act in that the former does not contain any limitation period for seeking relief from forfeiture
, is not limited to forfeitures
of personal property, and does not specify that the claimant must have taken reasonable care.
This trend has become so popular that forfeiture
specialists travel the country conducting seminars teaching local police and federal law enforcement agents how to use forfeiture
cases as revenue generators.
Unlike criminal forfeiture
, in which the loss of property is contingent on the owner's conviction of a crime, in civil forfeiture
it is the property itself that is "accused" of involvement in criminal activity, and it is up to the owner to prove the taking was wrong.
The cases getting the most scrutiny, however, are civil forfeitures
Another method of neutralizing forfeiture
reform is to seize property under federal law, which generally allows police and prosecutors to keep a bigger share of the loot.
Review Committee Chair thanks ADA Carolyn O'Hara, the DA Investigators in Jefferson County, and Senior Legal Counsel to International Fidelity Jerry Watson.
Before advising their clients on the submission of deferment or waiver requests, defense counsel must understand the following distinctions between adjudged and automatic forfeitures
: (1) a convening authority may defer both adjudged and automatic forfeitures
only upon application by the accused, but he or she may waive automatic forfeitures
sua sponte; (2) only automatic forfeitures
may be waived; (3) deferment of forfeitures
ceases at the date of action, whereas waiver of automatic forfeitures
can extend up to six months after action; and (4) a convening authority may not direct deferred forfeitures
to be paid to dependents, (14) but a convening authority must direct that waived automatic forfeitures
be paid to dependents.
overview of federal asset forfeiture
law and describes the several
The law requires that the proceeds of forfeitures
be used instead to fund drug treatment programs.
Thus, if the transferred assets remain subject to a substantial risk of forfeiture
and are nontransferable (as defined in Kegs.
are likely to occur throughout the entire service period, the "floor" in the early periods may be greater than the ratable portion of the period, requiring that a greater amount of compensation be recognized during the earlier part of the service period.