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Administrative Forfeitures - Chapter 4 - Asset Forfeiture Law in the United States - Third Edition
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22070
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Originally from Asset Forfeiture Law in the United States, Third Edition § 4-1 Overview As discussed in Chapter 1, administrative forfeiture is the commonly used procedure that permits a federal law enforcement agency to forfeit property without any judicial involvement if it sends proper notice of the forfeiture action to potential claimants and no one files a claim. It is, in essence, a default proceeding that permits the efficient disposition of uncontested cases. As discussed in Chapter 5, there is no judicial review of administrative forfeitures, except to ensure that the procedures followed by the seizing agency comported with the requirements of due process. Moreover, the declaration of forfeiture issued by the seizing agency has the force and effect of a court order transferring title to the property from the property owner to the United States. Thus, administrative forfeiture is a powerful tool that is employed in the vast majority of asset forfeiture cases. This Chapter discusses administrative forfeiture procedure. It begins with a discussion of the types of cases that are eligible for administrative forfeiture and those to which the reforms enacted by the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) apply. It then discusses, in some detail, the procedural steps the seizing agency must follow in initiating an administrative forfeiture proceeding. In particular, it focuses on the requirements for sending timely notice of the forfeiture proceeding to potential claimants, the content of the notice, the persons to whom notice must be sent, the manner of sending or publishing notice, and the special rules for sending notice to prisoners. Finally, the chapter concludes with a discussion of the sanctions that may be imposed on the Government if it misses the deadline for commencing an administrative forfeiture proceeding, and the procedure that a claimant must follow if he or she wishes to terminate the administrative forfeiture proceeding and force the Government to commence a judicial action in federal court.
Stefan D. Cassella, as a federal prosecutor, was one of the federal government's leading experts on asset forfeiture law for over thirty years, and now serves as an expert witness and consultant to law enforcement agencies and the financial sector as the CEO of AssetForfeitureLaw, LLC.
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