Originally from Asset Forfeiture Law in the United States, Third Edition
§ 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 Eighth Amendment. Because the Eighth Amendment issues are largely the same in civil and criminal forfeiture cases, the substantial body of case law on Eighth Amendment issues is discussed separately in Chapter 28.
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.