Asset Forfeiture
Asset forfeiture is confiscation of the property, by the State, of a criminal whose property is earned as a result of committing crime. Confiscation of property used for terrorism or illegal acts is also termed as asset forfeiture. For example, vehicles used for transporting illegal narcotics and banned weapon of destruction are confiscated under asset forfeiture. Asset forfeiture laws are in force not only in the United States. Several other countries like Australia, the United Kingdom, some provinces of Canada, Ireland and South Africa also have such laws. In several countries the law is known by some other names. However, the aim of these laws in every country is to prevent organized heinous crimes committed on a large scale.
In the United States both criminal and civil proceedings are used for asset forfeiture. In a civil forfeiture case, it is not the person who is sued. Instead the property in question is sued. Almost all cases of forfeiture proceeding in the US are civil. There is a reason for that. The cost of defense is enormous in a civil proceeding. The total expenditure may add up to $10,000 and the time taken for decision go up to three years! The victim may be scared off fighting the case. All that the government has to prove is that there exists a probable cause for civil asset forfeiture. The owner of the property has to give evidence to prove that the property is not liable for asset forfeiture. The government has the freedom to choose between civil and criminal proceedings. Normally they choose the more difficult one for the owner of the asset. Criminal forfeiture proceedings are resorted to following a criminal conviction. It is normally included in the sentence.
Assets seized by the Justice Department agencies are managed by the US Marshals Service. At present they are said to have in their possession properties worth over $1.4 billion. The properties seized by the Treasury agencies are managed by the United States Treasury Department. Both Marshal Service and Treasury Department sell the properties by auction and use the proceeds for law enforcement purposes. These agencies also have the right to retain any seized property under asset forfeiture in their possession, if in their opinion, the possession will further the cause of law enforcement.
The state highway police forces also confiscate large amounts of liquid cash found in vehicles during a vehicle check on the highway. Such seizures are done on the presumption that only drug money is transported in large amounts of cash. The proceeds of seizures by highway police are spent by them under the supervision of the local judge. There are complaints that such expenditure do benefit the judges who oversee the spending. Now, allegations are rampant that asset forfeiture is effected by the law enforcement agencies on mere suspicion only. The law permits it. But the misery caused to the innocent victims is untold. To seize a large amount of money from anyone is easy for police. But to reclaim the good money though the court of law is not that easy for the victim!
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