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Ad libitum [116K]
3 years ago
13

Can someone please defined “forfeiture”and the types

Law
1 answer:
Mandarinka [93]3 years ago
5 0

Answer:

Definitions below. V

Explanation:

Foreiture is the loss or giving up of something as a penalty for wrongdoing, something similar to a Confiscation or Sequestration.

The types of Foreiture include but are not limited to:

Criminal forfeiture: An action brought as a part of the criminal prosecution of a defendant. It is an in personam (against the person) action and requires that the government indict the property used or derived from the crime along with the defendant. If the jury finds the property forfeit-able, the court issues an order of forfeiture.

Civil judicial forfeiture: An in rem (against the property) action brought in court against the property. The property is the defendant and no criminal charge against the owner is necessary.

Administrative forfeiture: An in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930. Property that can be administratively forfeited is: merchandise the importation of which is prohibited, a conveyance used to import, transport, or store a controlled substance, a monetary instrument, or other property that does not exceed $500,000 in value.

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