Criminal procedure
Forfeiture
Forfeiture is the government taking property connected to a crime, either as part of a criminal sentence or through a separate civil action against the property itself.
Criminal forfeiture runs against the defendant and requires a conviction; the indictment includes a forfeiture allegation and a preliminary order issues at or before sentencing. Civil forfeiture proceeds against the property directly, which is why those cases have names like United States v. $187,000 in U.S. Currency.
Third parties with an interest in the property can intervene in an ancillary proceeding to claim it. Forfeiture is separate from restitution, and a defendant can owe both.
Civil forfeiture is controversial for a reason. Because the case is against the property, the owner may need to affirmatively claim it and litigate to get it back, and the government's burden is lower than in a criminal case.
How it appears on a docket
PRELIMINARY ORDER OF FORFEITURE as to the real property at 1400 Harbor Ave. and $412,000 in seized funds, to become final at sentencing.
Governing rule
21 U.S.C. Sec. 853; Fed. R. Crim. P. 32.2
Related terms
- Restitution — Restitution is a court order requiring a convicted defendant to pay identified victims for their losses.
- Sentencing Hearing — A sentencing hearing is the proceeding where the judge resolves guideline disputes, hears from both sides and the defendant, and imposes the sentence.
More on criminal procedure
See this term in a real case
Search federal court records and read the filings where forfeiture actually shows up. New to federal dockets? Start with how to find a federal case.