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Civil Forfeiture of Real Property - Chapter 6 - Asset Forfeiture Law in the United States - 2nd Edition
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Originially from:
Asset Forfeiture in the United States - 2nd Edition - Hardcover
Asset Forfeiture in the United States - 2nd Edition - Electronic
Preview Page § 6-1 Overview
As discussed in Chapter 2, one of the seminal forfeiture cases
of the 1990s was the Supreme Court’s decision in United States v.
James Daniel Good Real Property,1 which held that real property
could not be seized by the Government prior to trial without
notice to the property owner and an opportunity to be heard. The
only exception, the Supreme Court said, would apply when
exigent circumstances made it necessary for the Government to
seize the property first and afford the property owner an
opportunity to be heard later.2 In CAFRA, Congress codified the
principal holding of Good at 18 U.S.C. § 985.
This chapter begins with the general rule that all forfeitures of
real property must be judicial, and that under Good, no seizure of
real property may occur without prior notice. It then discusses
the exceptions to the no-seizure rule under Section 985, and the
procedures that the Government must follow generally when
initiating a civil forfeiture action against real property. Finally,
the chapter concludes with the remedies available when the
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. As a Deputy Chief for the Justice Department's Asset Forfeiture and Money Laundering Section and later as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney's Office in Baltimore, MD, he litigated some of the Government's most significant forfeiture and money laundering cases and drafted many of the federal forfeiture and money laundering statutes. Mr. Cassella handled the forfeiture in one of the largest forfeiture cases ever brought by the United States - the forfeiture of $1.2 billion in assets from the Bank of Credit and Commerce International (BCCI), was the principal author of much of the federal forfeiture legislation, including the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), and the applicable sections of the Federal Rules of Civil and Criminal Procedure, and is the author of numerous law review articles on asset forfeiture and money laundering. In the 1980s, Mr. Cassella was Senior Counsel to the U.S. Senate Judiciary Committee. He has a J.D. from Georgetown University and a Bachelor of Science degree in Applied Physics from Cornell University. This book was written in the author's private capacity as a lawyer, and the book does not in any way constitute an official statement of the law or policy or otherwise reflect the views of the United States Department of Justice or any of its agencies.
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