Asset forfeiture

Asset forfeiture or asset seizure is a form of confiscation of assets by the state. In the United States, it is a type of criminal justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term 'confiscation' instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Asset forfeiture or asset seizure is a form of confiscation of assets by the state. In the United States, it is a type of criminal justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term 'confiscation' instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Legal systems distinguish between criminal and civil proceedings. Criminal prosecutions regulate crimes against society as a whole or against the government. Penalties for conviction of a violation of a criminal law typically includes being sent to prison, jail or some other form of incarceration. Civil litigation involve disputes either between individuals or individuals and the government. At the conclusion of civil litigation one side can be ordered to pay money to the other side. Courts also have the authority to order one party to do or not do a specific thing in order to resolve civil disputes. Because of the potential for a loss of liberty, defendants in a criminal case will be provided an attorney at public expense if they are unable to pay for their own lawyer. The same is generally not true in civil cases although there are exceptions. In order for an individual to be found guilty of a crime the government has to provide proof beyond a reasonable doubt of the defendant's guilt. There are several different standards of proof in a civil case, the most common is a preponderance of the evidence which is described as anything over fifty percent. Civil asset forfeiture has been harshly criticized by civil liberties advocates for its greatly reduced standards for conviction, reverse onus, and financial conflicts of interests arising when the law enforcement agencies who decide whether or not to seize assets stand to keep those assets for themselves. Part XII.2 of the Criminal Code, a federal statute, provides a national forfeiture régime for property arising from the commission of a designated offence (i.e. most indictable offences), subsequent to conviction. Provision is also made for the use of restraint and management orders to govern such property during the course of a criminal proceeding. All provinces and territories except Newfoundland and Labrador, Prince Edward Island and Yukon Territory, have also enacted statutes to provide for similar civil forfeiture régimes. These generally provide, on a balance of probabilities basis, for the seizure of property: The Supreme Court of Canada has upheld civil forfeiture laws as a valid exercise of the provincial government power over property and civil rights. The extent to which the Charter of Rights and Freedoms applies to civil forfeiture statutes is still under dispute. To the extent that such laws are applied for a 'punitive' purpose, there is case law to suggest that the Charter applies. In cases where evidence has been obtained illegally, courts in Alberta and British Columbia have excluded such evidence. In April 2014, the European Parliament and the Council of the European Union enacted Directive 2014/42/EU on the freezing and confiscation of proceeds of crime in the European Union. The directive allows the seizure and confiscation of property without a criminal conviction only under very specific circumstances. Article 4 states: In the UK, asset forfeiture proceedings are initiated under the Proceeds of Crime Act 2002. These fall into various types. Firstly there are confiscation proceedings. A confiscation order is a court order made in the Crown Court requiring a convicted defendant to pay a specified amount of money to the state by a specified date. Secondly, there are cash forfeiture proceedings, which take place (in England and Wales) in the Magistrates Court with a right of appeal to the Crown Court, having been brought by either the police or Customs. Thirdly, there are civil recovery proceedings that are brought by the National Crime Agency 'NCA'. Neither cash forfeiture proceedings nor proceedings for a civil recovery order require a prior criminal conviction. In Scotland, confiscation proceedings are initiated by the procurator fiscal or Lord Advocate through the Sheriff Court or High Court of Justiciary. Cash forfeiture and civil recovery are brought by the Civil Recovery Unit of the Scottish Government in the Sheriff Court, with appeals to the Court of Session.