What is the federal criminal justice system's approach to asset forfeiture?

The federal criminal justice system uses asset forfeiture to take away property and money that is connected to criminal activity. This procedure involves the government filing a civil court action to seize an individual’s property, which is usually done without the person ever being convicted of a crime. The goal of asset forfeiture is to undermine the illegal activities of criminals by taking away their resources and preventing them from re-investing proceeds from criminal activity back into their criminal enterprise. It also serves as a powerful deterrent to potential criminals who recognize that, if they commit a crime, they could lose their property or funds. In New York, asset forfeiture is governed by both state and federal law. Under the federal law, the government is allowed to seize any property or money that is linked to a crime, including any profits from illegal activities. This can include items such as cars, real estate, firearms, cash, or anything else of value. The property or money may also be taken if it was used to facilitate or to enable an illegal activity. Once the government takes the property, the burden of proof is on the person who held the property to show that the property was not connected to any criminal activities. The person must prove their innocence and can do so by offering documentation or witnesses to testify that the property was not connected to any criminal activity. The court will then decide whether to return the property or keep it confiscated.

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What is the federal criminal justice system's approach to asset forfeiture?

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