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Post-Trial and Other Issues - Chapter 13 - Asset Forfeiture Law in the United States - 2nd Edition
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6719
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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 § 13-1 Overview
This chapter discusses a miscellaneous set of issues that
typically arise at the conclusion of a civil forfeiture case. It begins
with the statutory right of the losing party to seek a stay of the
forfeiture judgment pending appeal, and continues with the right
of the Government to seek a Certificate of Reasonable Cause to
protect its employees from personal liability in cases where the
claimant prevails, and the corresponding right of a prevailing
party to recover its property as well as interest, costs and
attorney’s fees. The chapter concludes with a brief discussion of
collateral attacks that a property owner may raise in connection
with the forfeiture action, such as a lawsuit against the
Government under the Federal Tort Claims Act.
This chapter does not discuss post-trial motions to mitigate the
forfeiture to avoid a violation of the Excessive Fines Clause of 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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