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The Final Order of Forfeiture and Sentencing - Chapter 20 - Asset Forfeiture Law in the United States - 2nd Edition
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6726
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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 § 20-1 Overview
Rule 32.2 of the Federal Rules of Criminal Procedure sets out
the requirements for making the order of forfeiture part of the
defendant’s sentence. While the requirements are simple enough,
courts and practitioners have had difficulty remembering to
follow them. The first part of this chapter discusses the steps the
court is required to take under the rule and the case law
regarding the remedies available when the court fails to follow
those steps.
The next part of the chapter discusses the relationship between
the forfeiture order and other parts of the defendant’s sentence
including the fine, term of incarceration under the Sentencing
Guidelines, term of supervised release and order of restitution.
The chapter concludes with a discussion of the defendant’s
right to seek a stay of the forfeiture order pending appeal, the
survival of a forfeiture order if a case is remanded for
resentencing, and the procedure for amending a forfeiture order
to include newly-discovered property.
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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