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Judicial Review of Administrative Forfeiture - Chapter 5 - Asset Forfeiture Law in the United States - Third Edition
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22071
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Originally from Asset Forfeiture Law in the United States, Third Edition § 5-1 Overview As discussed in Chapter 4, administrative forfeiture is a procedure that is handled solely by the federal law enforcement agency that seized the property. If a person with standing to contest the forfeiture files a timely claim, the seizing agency must terminate the administrative forfeiture proceeding and refer the case to the United States Attorney, who must either direct the agency to return the property or commence a judicial forfeiture action in the district court. At that point, the forfeiture becomes a matter for the Judicial Branch. As long as the forfeiture remains uncontested, however, there is no judicial involvement. Because administrative forfeiture is solely a matter for the Executive Branch, there is no judicial review of any aspect of the forfeiture proceeding, except for the review necessary to ensure that the agency followed procedures that afforded property owners due process of law. This chapter discusses the nature and scope of this limited judicial review. It begins with the cases explaining why, as a general matter, courts do not have jurisdiction to review administrative forfeitures. It then reviews the statutory basis for the limited judicial review available for due process and other procedural violations, the procedure for bringing a challenge to a completed administrative forfeiture, and the requirements that a claimant must satisfy to prevail. Finally, it discusses the remedies available to a successful claimant.
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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