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Criminal Proceeds - Chapter 25 - 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 § 25-1 Overview
Until now, this book has dealt almost exclusively with forfeiture
procedure: Part I was an overview of forfeiture law and its history;
Part II discussed administrative and civil forfeiture procedure; and
Part III discussed procedure in criminal forfeiture cases. Now we
turn to what practitioners call “substantive forfeiture” — the
categories of property that the Government is entitled to forfeit in
particular cases.
In this chapter, we begin with what is probably the most
common theory of forfeiture: that the property constitutes or is
traceable to the proceeds of a crime. In the following chapters, we
will discuss two other common theories: that the property was used
to commit or to facilitate the commission of a crime (Chapter 26),
and that the property was “involved in” a money laundering offense
(Chapter 27). The discussion really should not end there; there are a
myriad of idiosyncratic forfeiture statutes throughout the federal
criminal code authorizing the forfeiture of particular things or
categories of things in connection with particular offenses. For
example, RICO has its own set of broadly-worded provisions
authorizing the forfeiture of, among other things, any property
affording the defendant “a source of influence” over a racketeering
enterprise,1 and the terrorism statutes enacted in the wake of the
attacks on September 11, 2001 authorize the forfeiture of “all assets,
foreign or domestic” of a person engaged in terrorist activities.
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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