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Preliminary Order of Forfeiture - Chapter 19 - Asset Forfeiture Law in the United States - 2nd Edition
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6725
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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 § 19-1 Overview
As discussed in Chapter 18, the district court may determine
that property is subject to forfeiture in a number of ways: by
accepting the defendant’s guilty plea, by obtaining a special
verdict from the jury, or by making its own determination of the
forfeitability of the property pursuant to Rule 32.2(b)(1). However
it makes that determination, the court’s next step is to issue a
“preliminary order of forfeiture” in accordance with Rule
32.2(b)(2).
This chapter begins with a discussion of the procedure for
obtaining a preliminary order of forfeiture and the point in the
forfeiture proceedings when the order should be entered. It then
discusses the various forms that the order may take: a listing of
specific property that is directly traceable to the offense, a
judgment for a sum of money, a list of substitute assets, or a
generic description of the forfeited property that will be amended
as specific property is identified in post-conviction discovery. It
then turns to the reasons why co-defendants in a criminal case are
jointly and severally liable for the amount of the forfeiture, and
concludes with a discussion of the tools available to the court to
protect the Government’s interest in the forfeited property before
the Government is able to take the property into its possession.
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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