Federal Law: The Three Types Of Forfeiture

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Forfeiture, or more specifically asset forfeiture, is, “… an enforcement strategy that federal statutes and some state laws support… [authorizing] judges to seize ‘all monies, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance… and all proceeds traceable to such an exchange’” (Schmalleger, 2015, p. 546). The Federal Bureau of Investigation (n.d.) explains the purpose of asset forfeiture as a means to punish, deter, disrupt, remove tools, return assets to victims, and protect communities (para. 7). Further, there, “… are three types of forfeiture under federal law: criminal forfeiture, civil judicial forfeiture, and administrative forfeiture” (“What We,” n.d., para. 9), each of which are available depending on the circumstances of the crime activity at hand.
What happens to the assets once they are successfully forfeitured? The answer is as complicated as the cases themselves. Zach Glenn (2016) with The Record Herald highlights the impact of state legislation in such matters: …show more content…

That money can then be spent on training or equipment or donated to victims’ advocacy groups that help those hurt by the drug trade… Forfeiture money also has been spent on drug-related training sessions… [However, two] new laws proposed in Harrisburg – House Bill 508 and Senate Bill 86 – attempt to curtail civil asset forfeiture by requiring a criminal conviction before assets can be seized and requiring the seized funds to go into a county level general fund. (para.

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