This updated and expanded third edition of the best-selling book, Asset Forfeiture: Practice and Procedure in State and Federal Courts is a useful "How to," guide to common legal and practical issues faced by attorneys litigating cases involving asset forfeiture. Asset Forfeiture, or asset...
This updated and expanded third edition of the best-selling book, Asset Forfeiture: Practice and Procedure in State and Federal Courts is a useful "How to," guide to common legal and practical issues faced by attorneys litigating cases involving asset forfeiture. Asset Forfeiture, or asset recovery, allows jurisdictions to freeze or seize properties which are either the proceeds of crime or the instrumentalities of crime.
Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics. The program has become a key part of the government's efforts to combat major criminal activities and has helped stem the mounting societal costs associated with financially motivated crime and to take the financial incentive out of criminal activity. These strategies included the freezing, seizing, and confiscation of assets - better known as asset forfeiture. This book is written for both the criminal defense attorney and the criminal prosecutor. It covers the federal statutes and the laws of the 50 states and the District of Columbia to find common principles and then break those down into understandable, logical steps, and procedures. This book is the only single-volume work summarizing state and federal asset forfeiture procedures. Highlights include:
- Key elements of all 50 states statutes in easy-to-read summary charts
- Strategies for law and motion and civil discovery practice relating to state and federal forfeiture actions
- Discussion of ethical issues includes state and federal ethical codes relating to asset forfeiture
- Contrast of state and federal forfeiture procedures, including a chart of the distribution formula for all 50 states
- Over 2,000 citations not counting state statutes
In this new edition, there is expanded coverage on asset forfeiture as restitution for victims, as litigation in this area of law expands from its traditional application in cases involving illegal narcotics and deeper into the realm of white collar crime. This book is a vital and accessible tool for anyone that deals in the increasingly utilized and oft-times misunderstood realm of Asset Forfeiture.