Blog

Why Civil Forfeiture is an Essential Tool

Legislation has been introduced in Congress that would severely curtail the Government’s ability to use civil forfeiture as a law enforcement tool by raising the burden of proof and imposing procedural roadblocks to filing civil forfeiture cases.  The legislation is motivated by the erroneous perception that civil forfeiture is used, almost exclusively, by state and local […]

Read More

Cultural Property: Protecting Antiquities in Syria and Iraq

This is a link to a report prepared by the Government Accountability Office on the tools and resources available to the United States to assist in protecting cultural resources in conflict zones in Syria and Iraq. Protection of Iraqi and Syrian Antiquities

Read More

Statistical Report: DOJ Assets Forfeiture Fund

This is a link to the Justice Department’s Annual Report to Congress on the Assets Forfeiture Fund, including expenditures and deposits, as well as Official Use and Equitable Sharing activity.  The report contains links to similar data for each of the past 10 years. New this year is a five-year summary of trends in the […]

Read More

Transcript of the Argument on Joint and Several Liability in Honeycutt

The Supreme Court heard argument on March 29, 2017 in Honeycutt v. United States, the case in which the Court will decide whether there is statutory authority to hold criminal defendants jointly and severally liable for the forfeiture of the proceeds of their offense, regardless of how much or how little each defendant personally obtained.   The […]

Read More

Overview of the Money Laundering Statutes

This is a 63-page lecture outline prepared by Stef Cassella covering the elements of the money laundering statutes in title 31 and title 18 of the U.S Code.  It begins with the violations of the Bank Secrecy Act, 31 U.S.C. 5311, et seq, including the CTR, CMIR and Bulk Cash Smuggling statutes, and continues with […]

Read More

Recent and Pending Decisions of the Supreme Court on Asset Forfeiture

Stef Cassella was invited to participate in an Inns of Court program in Washington DC to discuss the impact, going forward, of the Supreme Court’s recent decisions in Kaley and Luis which dealt with pre-trial restraining orders, its pending decision in Honeycutt which concerns joint and several liability in criminal forfeiture cases, and the views expressed by Justice Thomas that […]

Read More

Unfairly Maligned: The Myths Surrounding the Kansas Civil Asset Forfeiture Debate

This article by Colin D. Wood and Gaten T. Wood discusses and answers the attacks that have been made on the use of civil asset forfeiture by state and local police agencies in Kansas.  It. appeared in the March 2017 issue of the Journal of the Kansas Bar Association. Kansas article

Read More

Proportionality of Forfeiture

This lecture, presented to a foreign law enforcement audience, explains the concept of proportionality and how it is applied in civil and criminal asset forfeiture cases in the United States. The Proportionality Rule in Forfeiture Cases

Read More

International Forfeitures

This lecture was presented at the Dubai Judicial Institute to introduce the alternative ways of forfeiting property located in one country that is derived from a crime committed in another. It uses two cases to illustrate the process — one involving using US civil (non-conviction based) forfeiture law to forfeit property located outside of the […]

Read More

Introduction to Asset Forfeiture

This is a lecture outline introducing asset forfeiture to law students seeking a graduate degree in international law.  It explains the reasons for using asset forfeiture as a law enforcement tool, discusses the categories of property subject to forfeiture in the United States, and describes the procedure for forfeiting property administratively, civilly and criminally, with […]

Read More