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

Asset forfeiture is an important tool in the federal criminal justice system based in Washington. It involves the taking of property by the government from individuals or businesses suspected of criminal activity. The Supreme Court in Washington has declared that asset forfeiture is a civil action, not a criminal one. As a result, it does not require the government to meet the criminal burden of proof “beyond a reasonable doubt” that is necessary for criminal convictions. This makes asset forfeiture a much easier way for the federal government to seize property than filing criminal charges and obtaining a conviction. The federal criminal justice system provides three main approaches to asset forfeiture: administrative forfeiture, judicial forfeiture, and criminal forfeiture. Administrative forfeiture is a procedure whereby the U.S. Marshals Service (USMS) can seize and forfeit property without judicial proceedings. It is used in cases involving property valued at less than $500,000. Judicial forfeiture is a process that is initiated by a civil forfeiture complaint. It is a court process in which a federal judge determines whether the property should be forfeited to the government. Finally, criminal forfeiture is an in rem (against the property) action that is part of the criminal prosecution process. It is used when the government seeks to forfeit property that is an instrumentality of a crime. In all these cases, asset forfeiture is subject to due process of law, meaning that the government must provide the owner of the seized property with notice and the opportunity to contest the forfeiture.

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

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