What is the difference between civil and criminal forfeiture?

The difference between civil and criminal forfeiture is that criminal forfeiture is imposed after a criminal conviction, while civil forfeiture is imposed without requiring a criminal conviction or even an arrest or charge. In Washington, criminal forfeiture is authorized by the Washington Controlled Substances Act. This type of forfeiture is available in cases of drug and white collar crimes, among others. It allows the government to seize property that it believes was obtained using the proceeds of criminal activity. This includes cash and other assets such as cars, jewelry, and real estate, among other items. In order to seize the property, the government must show a criminal conviction, then submit a petition to the court to have the property seized. Civil forfeiture, on the other hand, is governed by the Washington Forfeiture Act. It allows the government to take possession of property without requiring a criminal conviction or even an arrest or charge. The government only needs to provide probable cause that the property is connected to criminal activity. It is important to note that with civil forfeitures the burden of proof is on the government to prove the property is connected to criminal activity, instead of placing the burden of proof on the owner of the property, as with criminal forfeiture. This means that the owner of the property does not have to be charged with a crime or even present in court for the government to seize the property.

Related FAQs

How is foreclosure fraud committed?
How is money laundering prosecution used to fight white collar crime?
What is the difference between an acquittal and a conviction?
What are the penalties for securities fraud?
How do the U.S. and other countries cooperate in prosecuting white collar crime?
How is a criminal court different from a civil court?
What are the consequences of a white collar crime conviction?
What is embezzlement?
What is the difference between criminal conspiracy and white collar crime?
What are the penalties for tax fraud?

What is the difference between civil and criminal forfeiture?

Related FAQs

Related Blog Posts