Blog

Judge Gorsuch on Asset Forfeiture

This a four-page summary and analysis of the cases involving asset forfeiture that Judge Neil Gorsuch, President Trump’s Supreme Court nominee, has authored as a judge on the Tenth Circuit Court of Appeals. Gorsuch Cases on Forfeiture

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President Trump on Asset Forfeiture

PRESIDENT TRUMP ON ASSET FORFEITURE President Trump met with the National Sheriff’s Association and Acting Attorney General Dana Boente on February 7, 2017 and had the following exchange on the asset forfeiture program.

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Sup. Ct. to Decide if Joint and Several Liability Applies to Criminal Forfeiture

On December 9, 2016, the Supreme Court granted cert. to resolve the split in the circuits as to whether the doctrine of joint and several liability applies in criminal forfeiture cases.  Attached is the release from the Criminal Law Reporter on the granting of cert. followed by summaries from the Money Laundering and Forfeiture Digest of the three most recent […]

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Agricultural Bank’s $215 million AML fine a clear warning for Chinese banks

This article by Ajay Shamdasani discusses the anti-money laundering enforcement actions taken by State regulators in New York against foreign banks operating in the United States. Agricultural Bank’s $215 million AML fine a clear warning for Chinese banks

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Why driving with hidden cash is (probably) no longer money laundering in Mississippi

Former Assistant U.S. Attorney Scott Gilbert, now in private practice with the firm of Watkins and Eager in Jackson, Mississippi, has published an article on the application of the state money laundering laws to bulk cash smuggling offenses.  The article suggests that the Supreme Court’s 2008 decision in Cuellar v. United States may have nullified Mississippi’s concealment […]

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Point-Counterpoint: The Role of Civil Forfeiture

Judicature Magazine, a publication of the Duke Law Center for Judicial Studies, has published an article by David Smith and Stef Cassella discussing the merits of civil forfeiture in a point/counterpoint format.  The article, which has been distributed to all federal judges, covers a number of topics related to the role that civil forfeiture plays in […]

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Handbook of Criminal and Terrorism Financing Law

Stef Cassella was asked to contribute a chapter summarizing asset recovery in the United States to The Handbook of Criminal and Terrorism Financing Law which is being published in the UK.  This is a draft of that chapter. It begins with a discussion of the purposes that asset recovery is intended to serve as part […]

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Using the Forfeiture Laws to Protect Cultural Heritage

This is the text of a presentation on the use of the asset forfeiture laws to recover and protect cultural property that was given by Stef Cassella at the Cultural Property Law Criminal and Civil Enforcement Seminar for federal prosecutors on September 22, 2016 at Grand Canyon National Park.  It outlines the three types of […]

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Intro to Forfeiture in White Collar Cases

This is a lecture I gave at the National Advocacy Center in Columbia, SC in August 2016 at the Justice Department’s White Collar Crime Seminar.  It is an introduction to asset forfeiture in white collar cases. The presentation begins with an overview of why forfeiture is an essential tool of law enforcement, discusses the categories […]

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FBI-—-Asset Seizure and Forfeiture: A Basic Guide

This article by Colin May, a forensic auditor for the U.S. government and an instructor at Stevenson University, appeared in the August 2016 issue of the FBI Law Enforcement Bulletin.   FBI — Asset Seizure and Forfeiture: A Basic Guide

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