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The Relation-Back Doctrine and the Forfeiture of Property Transferred to Third Parties - Chapter 21 - Asset Forfeiture Law in the United States - 2nd Edition
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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 § 21-1 Overview
In civil forfeiture cases, any person with an interest in the
property is able to intervene in the forfeiture proceeding and
contest the Government’s ability to prove that the property is
subject to forfeiture. Hence, at the conclusion of a civil forfeiture
case, the Government is able to obtain title to the property against
the world. There is no one who can claim that he was excluded
from the process, and thus no one who can claim that he did not
have a fair opportunity to defend his interests in court.
In contrast, criminal forfeiture cases involve only the
Government and the defendant; indeed, third parties are explicitly
precluded by statute from participating in a criminal forfeiture
case until after the forfeitability of the property has been
established.1 Obviously, there would be serious due process
concerns if the trial in such a case could result in the forfeiture of
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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