Seizure Warrants and Pre-Trial Restraining Orders - Chapter 17 - Asset Forfeiture Law in the United States - 2nd Edition
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Asset Forfeiture in the United States - 2nd Edition - Hardcover
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§ 17-1 Overview
The criminal forfeiture statutes provide two methods for
preserving the property subject to forfeiture pending the
conclusion of the criminal trial: the Government may seize the
property with a criminal seizure warrant, or it may ask the court
to restrain the property pursuant to a pre-trial restraining order.
The purpose of both provisions is to ensure that the property is
not dissipated, alienated or removed from the jurisdiction of the
court prior to the time when the court may order the forfeiture of
the property as part of the defendant’s sentence.
This chapter discusses the procedural requirements for seizing
or restraining property pre-trial and the grounds on which such
steps may be challenged. Among other things, it discusses the
showing the Government must make to obtain a seizure warrant
or restraining order in the first instance, the defendant’s right to
contest the restraining order once it has been entered, the
interplay of the Government’s right to preserve the property
pending trial and the defendant’s Sixth Amendment right to
counsel, and the power of the court to restrain substitute assets
and the assets of third parties and to order the repatriation of
foreign assets. It begins, however, with a discussion of the
alternatives available outside of the criminal forfeiture statutes
that allow the Government to preserve the value of property
subject to forfeiture in a criminal case.
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.