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Asset Forfeiture is when the Federal or State Government seizes property (assets) which they believe represent the proceeds of, or were used to facilitate  crimes

There are three types of forfeiture: Criminal, Civil and Administrative.


Criminal forfeiture
is an action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict (charge) the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture.

For forfeitures pursuant to the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), as well as money laundering and obscenity statutes, there is an ancillary hearing for third parties to assert their interest in the property. Once the interests of third parties are addressed, the court issues a final forfeiture order.

Civil judicial forfeiture
is an in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

Administrative forfeiture
is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607. Property that can be administratively forfeited is: merchandise the importation of which is prohibited; a conveyance used to import, transport, or store a controlled substance; a monetary instrument; or other property that does not exceed $500,000 in value.

The Department of Justice Asset Forfeiture Program
is to employ asset forfeiture powers in a manner that enhances public safety and security. This is accomplished by removing the proceeds of crime and other assets relied upon by criminals and their associates to perpetuate their criminal activity against our society. Asset forfeiture has the power to disrupt or dismantle criminal organizations that would continue to function if we only convicted and incarcerated specific individuals.

Scope:
The Department of Justice Asset Forfeiture Program encompasses the seizure and forfeiture of assets that represent the proceeds of, or were used to facilitate federal crimes. Forfeiture may proceed under either administrative or judicial processes. Further, the DOJ program applies only to cases developed by enforcement officials in certain agencies of the Federal Government.

State and local government agencies and some international law enforcement agencies may have similar efforts, operating under the authority of international, local or state laws. Those efforts are not part of the US Department of Justice Asset Forfeiture Program.

Contact Us

Riordan Law Group’s Main Office is located at Brockton, Massachusetts, Plymouth County at 403 North Montello Street. A second office is located in Plymouth, Massachusetts, Plymouth County where appointments are available on a scheduled basis only. In Massachusetts, the toll free number is: 1-800-825-0157 or outside of Massachusetts : 508-588-5562; email: Riordanlawgroup@verizon.net. On weekends or after hours, when there is an emergency situation such as a criminal arrest, leave a message and your return number and your call will be usually returned within minutes.