Feed: What Is A Criminal Forfeiture Proceeding? - AggScore: 14.0

What Is A Criminal Forfeiture Proceeding?

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Criminal forfeiture is a punitive action taken by the government against the offender. Usually, it occurs as part of a sentence following a conviction. Within a criminal forfeiture proceeding, the government will seize any property, real or personal, connected to illegal activity. Properties that are usually subjected to criminal forfeiture include: Contraband- property in which ownership on its own constitutes as a crime. This includes smuggled goods, counterfeits, and automatic weapons. Proceeds from Illegal Activity-property directly resulting from, or that can be traced to, an illegal activity.  Once a crime is identified, the government may seize any property flowing from the activity.  In some cases, the government may seize property in lieu of provable criminal proceeds. Tools or Instrumentalities Used in Commission of a Crime-property used in the commission of a crime, including vehicles and real estate. Unlike civil forfeiture actions, which the property subject to forfeiture is named in the forfeiture complaint, the property subject to criminal forfeiture is named in the same indictment that charges the defendant with a crime.  In addition, the defendant must be convicted of the underlying offense charged and the jury finds that the property named in the indictment was illegally tainted, in order to seize the property named in the indictment. Are third parties’ property ownership affected by a criminal forfeiture proceeding? Typically no, criminal forfeiture only severs the defendant’s interest, so the property rights of third parties (banks, co-owners, stock holders etc.) are generally not affected. However, some third party owners may be identified as codefendants of the case. If so, then the codefendants may also face criminal or civil forfeiture actions. If you and/or your property have recently been indicted for being involved in violating a federal or state statute in New York, please call our office at (212)577-6677 to get professional legal assistance.