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Parallel and Successive Civil and Criminal Cases - Chapter 14 - Asset Forfeiture Law in the United States - 2nd Edition

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Asset Forfeiture in the United States - 2nd Edition - Hardcover

Asset Forfeiture in the United States - 2nd Edition - Electronic




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§ 14-1 Overview

Civil and criminal forfeiture are separate remedies. As we

have seen, the Government may pursue the civil forfeiture of

property whether or not the property owner or anyone else is

subject to a parallel criminal prosecution. Conversely, the

Government may prosecute a person for a criminal offense, and

seek forfeiture as part of the punishment, whether or not it

commences administrative or civil judicial forfeiture proceedings

against the assets derived from or used to commit the crime.

Nevertheless, parallel or successive proceedings involving

administrative or civil forfeiture and a criminal prosecution are

extremely common. Frequently, the Government will commence

an administrative or civil judicial forfeiture against the property

involved in an offense while pursuing a separate criminal

investigation and prosecution of the wrongdoer. Sometimes, the

civil case will be completed before the prosecution is commenced.

Other times, the civil case will be stayed while the criminal case

goes forward. In still other cases, the Government may do nothing

about the forfeiture until the criminal case is commenced and then

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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