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 of the prosecutor’s arsenal of weapons in the enforcement of the criminal laws. Next, it discusses the categories of property that are subject to forfeiture – i.e., the proceeds of the crime, facilitating property, and so forth. Third, it compares the alternative ways in which property may be recovered in conviction-based and non-conviction based proceedings. And finally, it discusses in some detail the procedures that apply in a criminal case when the prosecutor seeks to recover criminally-tainted assets as part of the defendant’s sentence.