Blog

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

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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

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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 […]

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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 […]

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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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