Asset Forfeiture
Law in the United States, by
Stefan
Cassella, About the Author:
Stefan D. Cassella is one of the federal
Government’s leading experts on asset forfeiture law. As a federal
prosecutor, he has been litigating asset forfeiture cases since the
late 1980's and is now the Deputy Chief of the Justice Department’s
Asset Forfeiture and Money Laundering Section. Mr. Cassella handled the
forfeiture in the largest forfeiture case ever brought by the United
States – the forfeiture of $1.2 billion in assets from the Bank of
Credit and Commerce International (BCCI), was the principal author of
much of the federal forfeiture legislation, and contributed to the
Civil Asset Forfeiture Reform Act of 2000 (CAFRA). He was the principal
author of the applicable sections of the Federal Rules of Civil and
Criminal Procedure, and is the author of numerous law review articles
on asset forfeiture and money laundering. He teaches asset forfeiture
procedure at the Federal National Advocacy Center at the University of
South Carolina, and has given numerous presentations on the subject at
Cambridge University and other institutions. In the 1980s, Mr. Cassella
was Senior Counsel to the U.S. Senate Judiciary Committee. He has a
J.D. from Georgetown University and a Bachelor of Science degree in
Applied Physics from Cornell University.
This book was writtent in the author's private capacity as a lawyer, and the book does not in any way constitute an official statement of the law or policy or otherwise reflect the views of the United States Department of Justice and the Section of Asset Forfeiture and Money Laundering.
Table of Contents:
Preface
Part I — Overview and History
Chapter One. Overview of Asset Forfeiture Law in the
United States
§ 1-1 Overview
§ 1-2 Why do Forfeiture?
§ 1-3 What can the Government Forfeit?
a. Proceeds
b. Drug cases
c. Other Crimes for
Which Facilitating Property May be Forfeited
d. Money Laundering
e. RICO and Terrorism
§ 1-4 The Three Kinds of Forfeiture Under
Federal Law
a. Administrative Forfeiture
b. Criminal Forfeiture
c. Civil Forfeiture
§ 1-5 Tactical Choices: Civil versus Criminal
Forfeiture
a. The Advantages of Civil
Forfeiture
b. The Disadvantages of
Civil Forfeiture
c. The Advantages of
Criminal Forfeiture
d. The Disadvantages of
Criminal Forfeiture
Chapter Two. The Development of Asset Forfeiture Law in
the United States
§ 2-1 Overview
§ 2-2 The First Forfeiture Statutes: What Does
it Mean to File an Action in Rem?
§ 2-3 In Rem Forfeiture in the 20th Century:
Forfeiting the Instruments of Crime
§ 2-4 The Late 20th Century: Expanding
Forfeiture for Drug Offenses
§ 2-5 The Supreme Court’s Forfeiture Decisions:
An Analytical Approach
§ 2-6 Due Process and Innocent Ownership in
Civil Forfeiture Cases
§ 2-7 Due Process: The Right to Notice and an
Opportunity to be Heard Before Property is Seized
§ 2-8 More Due Process: Post-seizure Notice and
Delay
a. Post-Seizure Notice
b. Delay in Commencing the
Forfeiture Action
§ 2-9 Proportionality and Excessiveness
a. Austin v. United States
b. Bajakajian and the “Gross
Disproportionality” Test
§ 2-10 Double Jeopardy
a. The Early Double Jeopardy
Cases
b. The Majority Opinion in
Ursery
c. Why a Forfeiture can be
“Punitive” for Eighth Amendment Purposes but not for Purposes of the
Double Jeopardy Clause
§ 2-11 Searches and Seizures
a. Does the Exclusionary
Rule apply in Civil Forfeiture Cases?
b. Exceptions to the Warrant
Requirement
§ 2-12 Trial Procedures and the Sixth Amendment Right to
Counsel
§ 2-13 Retrospective on the Evolution of Forfeiture Law
Part II — Administrative and Civil Forfeiture
Chapter Three. Starting a Forfeiture Case: The
Seizure of Property for Forfeiture
§ 3-1 Overview
§ 3-2 Civil and Criminal Seizure
§ 3-3 Standard for Seizure
§ 3-4 Warrantless Seizures
§ 3-5 Airport and Traffic Stops
§ 3-6 Dog Sniffs
§ 3-7 Out-of-district Seizure Warrants
§ 3-8 Anticipatory Seizure Warrants
§ 3-9 Appeals
§ 3-10 Motion to Suppress
§ 3-11 Motion for the Return of Seized Property
a. The Proper Role of a Rule
41(g) Motion for the Return of Property
b. Filing a Rule 41(g)
Motion Shortly After the Seizure but Before Forfeiture Proceedings are
Commenced
c. Motion for Return of
Property That was Never Forfeited
d. Motion for Pretrial
Release of Property Needed for Attorneys Fees
§ 3-12
Motion for Pretrial Release of Seized Property to Avoid Hardship
Chapter Four. Administrative Forfeiture Under CAFRA
§ 4-1 Overview
§ 4-2 Reasons for Administrative Forfeiture
§ 4-3 Property Eligible for Administrative
Forfeiture
§ 4-4 CAFRA and the Reform of Administrative
Forfeiture
§ 4-5 The Interplay of CAFRA and the Customs Laws
a. The Effective Date of
CAFRA
b. The “Custom Carve-out”
c. The Interplay of CAFRA
and the Old Law When Both Apply
§ 4-6 Time for Sending Notice
a. Property Seized for Civil
Judicial or Criminal Forfeiture
b. Property Seized for
Evidence
c. Where the Judicial
Forfeiture is Filed Before the 60-Day Period Expires
d. Adoptive Forfeitures
e. Cases Where the Identity
of the Interested Party is not Known
f. Extensions of the
60-Day Period for Sending Notice
§ 4-7 Content of the Notice
§ 4-8 Persons to Whom Notice Must be Sent
§ 4-9 Manner of Sending Notice
a. The Mullane Standard
b. Sending Notice by
Certified Mail
c. Notice by Publication
d. Person with Actual
Notice
e. Sending Notice to
the Claimant’s Attorney
§ 4-10 Special Rules for Sending Notice to Prisoners
§ 4-11 Sanctions for Failure to Provide Notice
§ 4-12 Quick Release Policy
§ 4-13 Filing a Claim in an Administrative Forfeiture Proceeding
a. Filing with the
“Appropriate Official”
b. Time for Filing a Claim
c. Contents of the Claim
d. Forms; Elimination of the
Cost Bond
Chapter Five. Judicial Review of Administrative
Forfeiture
§ 5-1 Overview
§ 5-2 Scope of Review
§ 5-3 Statutory Basis for Judicial Review
a. Pre-CAFRA Cases
b. The Enactment of Section
983(e)
§ 5-4 Grounds for Relief; Standing; Burden of
Proof
§ 5-5 Statute of Limitations on Due Process
Challenge
§ 5-6 Laches
§ 5-7 Venue for Challenges to Administrative
Forfeiture
§ 5-8 Remedy for Failure to Provide Adequate
Notice
a. Pre-CAFRA
b. Section 983(e)
Chapter Six. Civil Forfeiture of Real Property
§ 6-1 Overview
§ 6-2 Method of Forfeiture
§ 6-3 No Seizure of Real Property
§ 6-4 Exceptions to the No-Seizure Rule
§ 6-5 Commencing a Civil Forfeiture Action
Against Real Property
§ 6-6 Remedy for a Violation of § 985 or
James Daniel Good
Chapter Seven. Judicial Forfeiture: Filing the
Complaint, Claim & Answer
§ 7-1 Overview
§ 7-2 Application of the Supplemental Rules to
Civil Forfeiture Cases
§ 7-3 Supplemental Rule G
§ 7-4 The Deadline for Commencing a Civil
Forfeiture Action
a. Background
b. The 90-day Deadline
c. Returning the Property;
Extending the Deadline
§7-5 Sanctions for Failure to Comply with
the 90-day Rule
a. Return of the
Property
b. The “Death Penalty” for
Civil Forfeiture
c. Commencing a Criminal
Forfeiture Within the 90-day Period
§ 7-6 Parallel Civil and Criminal Forfeitures
§ 7-7 Jurisdiction and Venue
a. Subject Matter
Jurisdiction
b. In Rem Jurisdiction
1. Exceptions
2. Using the arrest warrant
in rem to obtain in rem jurisdiction
3. Serving the arrest
warrant in rem
4. Property located outside
of the district
5. Jurisdiction over
intangible property
6. Property that is moved to
another district or changes in form
c. Venue 241
§ 7-8 Adoptive Forfeitures and the Concurrent
Jurisdiction Doctrine
§ 7-9 Sending Notice to Potential Claimants
§ 7-10 Contents of the Complaint
a. Verification
b. Basis for Jurisdiction
c. Description and Location
of the Property
d. The Statute Under Which
the Forfeiture is Brought
e. Stating the Factual Basis
for the Forfeiture
f. Amending the
Complaint
§ 7-11 Stating the Factual Basis for the Forfeiture
a. Reasons for the
Heightened Pleading Requirement
b. Cases Applying the
Pleading Requirement
§ 7-12 Motions to Dismiss the Complaint
a. Rule G(8)(b)
b. The Complaint Need Not
Establish Probable Cause for the Forfeiture
c. The Government May Move
to Dismiss its Own Complaint
d. Only a Claimant with
Standing May Move to Dismiss the Complaint
§ 7-13 Filing a Claim and Answer
a. Section 983(a)(4) and
Rule G(5)
b. Time for Filing a Claim
c. Verification of the Claim
d. Identifying the Claimant
and his Interest in the Property
e. Claim filed in the
Administrative Proceeding
f. Filing an Answer to
the Complaint; Responding to Interrogatories
g. Motions to Strike a Claim
and Answer
Chapter Eight. Pre-Trial Procedural Issues
§ 8-1 Overview
§ 8-2 Civil Discovery
a. Interrogatories; Rule G(6)
b. Requests for Admissions
c. Protective Orders
d. Discovery Sanctions
§ 8-3 Stays 294
§ 8-4 Appointment of Counsel
§ 8-5 Pre-trial Restraining Orders
§ 8-6 Interlocutory Sales
Chapter Nine. Dispositive Pre-Trial Motions
§ 9-1 Overview
§ 9-2 The Fugitive Disentitlement Doctrine
§ 9-3 Statute of Limitations
a. Section 1621
b. What is the “Offense”?
c. Tolling the Statute While
the Property is Absent or Concealed
d. The Interplay of §
1621 and 18 U.S.C. § 984(b)
e. Pleading the Statute of
Limitations as a Defense
§ 9-4 Standing
a. Reasons for Contesting
Standing
b. Statutory and Article III
Standing
Chapter Ten. Standing
§ 10-1 Overview
§ 10-2 Standing and Ownership
§ 10-3 Article III Standing 337
a. Possession with an
Explanation; Standing of Bailees
b. Persons Excluded from the
Definition of “Owner” by CAFRA
i. nominees
ii. unsecured creditors
iii. beneficiaries of a
constructive trust
c. Lienholders and Assignees
d. Standing to Contest
Forfeiture of Bank Accounts
e. Standing of Bailor
f. Standing of
Decedent’s Estate and Heirs
g. Persons with a Spousal
Interest
h. Persons with Future or
Equitable Interests and Potential Injuries
i. Standing to
Challenge Forfeiture of Corporate Assets
j. Standing of Trust
Beneficiaries
k. Estoppel of Criminal
Defendant from Contesting Civil Forfeiture
§ 10-4 Procedure for Contesting Standing
a. Motion for Judgment on
the Pleadings
b. Motion to Dismiss the
Claim for Lack of Standing; Summary Judgment
Chapter Eleven. The Forfeiture Trial: Establishing
Forfeitability
§ 11-1 Overview
§ 11-2 Trial Procedure
a. Right to a Jury Trial
b. Burden of proof
i. Burden-shifting in
Pre-CAFRA Cases
ii. Section 983(c)
c. The Substantial
Connection Requirement
d. Evidence
e. Invoking the Fifth
Amendment
§ 11-3 Forfeitability / Tracing
a. What the Government Must
Prove Depends on the Statute
b. Tracing is Part of the
Government’s Burden
c. Fungible Property /
Section 984
§ 11-4 Summary Judgment on the Forfeitability Issue
Chapter Twelve. The Innocent Owner Defense
§ 12-1 Overview
§ 12-2 Exemptions from the Uniform Innocent Owner Statute
§ 12-3 The Innocent Owner Defense is an Affirmative Defense
§ 12-4 Separating Pre-Existing and After-Acquired Interests
§ 12-5 Section 983(d)(2): Pre-existing Interests
a. Ownership
i. State v. Federal law
ii. Definition of
“owner” in Section 983(d)(6)
iii. The temporal requirement
b. Alternative Grounds for
Establishing Innocence
i. Knowledge and
willful blindness
ii. “All reasonable steps”
§ 12-6 Section 983(d)(3): After-Acquired Property Interests
a. Bona fide Purchasers
b. “Without Cause to Believe”
c. Exception to the Bona
fide Purchaser Requirement for Residences
§ 12-7 Severing the Property
§ 12-8 Summary Judgment on the Innocent Owner Defense
Chapter Thirteen. Post-Trial and Other Issues
§ 13-1 Overview
§ 13-2 Stay Pending Appeal
§ 13-3 Certificate of Reasonable Cause
§ 13-4 Post-trial Motion for Return of Forfeited Property
§ 13-5 Prejudgment Interest
§ 13-6 Abatement
a. Attorneys fees under
EAJA and CAFRA
b. Exceptions to the
Attorney Fee Provision
c. Calculating the
Amount of the Fee Award
§ 13-8 Actions Against the Government
Chapter Fourteen. Parallel and Successive Civil
and Criminal Cases
§ 14-1 Overview
§ 14-2 Commencing Civil Forfeiture While a Criminal Case is Pending
§ 14-3 Issue Preclusion: Issues Determined in a Parallel Criminal
Case
§ 14-4 Effect of Civil Forfeiture on a Related Criminal Case
§ 14-5 Use of Grand Jury Information
Part III — Criminal Forfeiture Procedure
Chapter Fifteen. The Nature of Criminal Forfeiture
§ 15-1 Overview
§ 15-2 Criminal Forfeiture is Part of Sentencing
§ 15-3 The Consequences of Viewing Criminal Forfeiture as Part of
the Sentence
a. Requirement of a Criminal
Conviction
b. Property Related to the
Offense of Conviction
c. Bifurcated Trial
d. Burden of Proof
e. Money Judgments and
Substitute Assets
f. Property of Third
Parties may not be Forfeited
g. Including the Forfeiture
in the Sentence and Judgment
h. Application of the Ex
Post Facto Clause
§ 15-4 When is Criminal Forfeiture Available?
Chapter Sixteen. Indictment
§ 16-1 Overview
§ 16-2 Rule 32.2(a)
§ 16-3 Listing Substitute Assets and the Amount of the Money
Judgment in the Indictment
§ 16-4 Motion to Dismiss the Forfeiture Allegation
§ 16-5 Statute of Limitations
§ 16-6 Application of Rule 32.2(a) to Civil Forfeiture
Chapter Seventeen. Seizure Warrants and Pre-Trial
Restraining Orders
§ 17-1 Overview
§ 17-2 Property Subject to a Parallel Civil Forfeiture or Held as
Evidence
§ 17-3 Criminal Seizure Warrants
§ 17-4 Pre-Indictment Restraining Orders
§ 17-5 Obtaining a Post-Indictment Restraining Order
§ 17-6 Challenges to a Post-Indictment Restraining Order
§ 17-7 The Probable Cause Hearing
§ 17-8 Lis Pendens
§ 17-9 Repatriation of Foreign Assets
§ 17-10 Posting Bond in Lieu of Restrained Property
§ 17-11 Restraining a Foreclosure on Real Property
§ 17-12 Restraining Assets of Third Parties
§ 17-13 Third Party’s Right to Contest a Pre-trial
Restraining Order
§ 17-14 Pretrial Restraint of Substitute Assets
§ 17-15 Interlocutory Appeals
Chapter Eighteen. Guilty Pleas and the Forfeiture
Phase of the Trial
§ 18-1 Overview
§ 18-2 Bifurcated
Proceeding
§ 18-3 Guilty Pleas
§ 18-4 The Right to a Jury
a. Rule 32.2(b)(4)
b. Invoking the Right to a
Jury
§ 18-5 Procedure in the Forfeiture Phase of the Trial
a. Admissibility of Evidence
b. Presence of the Defendant
During the Forfeiture Phase
c. Right to Counsel
d. Burden of Proof
e. Jury Instructions
f. Special Verdict
forms
§ 18-6 “Ownership” vs. “Nexus”
Chapter Nineteen. Preliminary Order of Forfeiture
§ 19-1 Overview
§ 19-2 Rule 32.2(b)(2)
§ 19-3 Procedure for Issuing Preliminary Order
a. Proposed Orders Submitted
by the Government
b. The Timing of the
Preliminary Order
c. Entering a Preliminary
Order in Generic Terms
§ 19-4 Directly Forfeitable Property, Substitute Assetsand Money
Judgments
a. Directly Forfeitable
Property
b. Substitute Assets
c. Money Judgments
§ 19-5 Joint and Several Liability
§ 19-6 Tools for Preserving the Forfeited Property
Chapter Twenty. The Final Order of Forfeiture and
Sentencing
§ 20-1 Overview
§ 20-2 Forfeiture is Mandatory
§ 20-3 Rule 32.2(b)(3)
a. The Order Becomes Final
as to the Defendant at Sentencing
b. The Order Must be Made
Part of the Sentence
c. The Order Must be
Included in the Judgment
§ 20-4 Obstructing a Forfeiture Order
§ 20-5 The Relationship Between the Forfeiture Order and a Fine
§ 20-6 The Relationship Between Forfeiture and the Sentencing
Guidelines
§ 20-7 Revocation of Supervised Release
§ 20-8 Forfeiture and Restitution
§ 20-9 Stay Pending Appeal
Chapter Twenty-One. Forfeiture of Property Transferred
to Third Parties
§ 21-1 Overview
§ 21-2 The Relation Back Doctrine
§ 21-3 Application of the Relation Back Doctrine to Substitute
Assets
§ 21-4 Procedure for Forfeiting Property in the Possession of a
Third Party
§ 21-5 Property Dissipated by the Third Party
§ 21-6 The Right of a Third Party to Object to the Forfeiture
Chapter Twenty-Two. Substitute Assets
§ 22-1 Overview
§ 22-2 Including Substitute Assets in the Order of Forfeiture
a. Including the Substitute
Asset in the Preliminary Order of Forfeiture
b. Amending the Order of
Forfeiture Pursuant to Rule 32.2(e)
c. A Typical Scenario
§ 22-3 The Requirements of Section 853(p)
§ 22-4 Preserving Substitute Assets for Forfeiture
§ 22-5 Sixth Amendment Issues
§ 22-6 Substitute Property in Money Laundering Cases
Chapter Twenty-Three. Ancillary Proceedings
§ 23-1 Overview
§ 23-2 The Purpose of the Ancillary Proceeding
§ 23-3 Commencing the Ancillary Proceeding
§ 23-4 The Time for Filing a Claim
§ 23-5 The Form and Content of the Claim
§ 23-6 The Right to a Hearing on the Third-Party Claim
§ 23-7 Discovery in the Ancillary Proceeding
§ 23-8 Evidence in the Ancillary
Proceeding
§ 23-9 Burden of Proof in the Ancillary Proceeding
§ 23-10 The Award of Attorneys Fees; Rule 11 Sanctions
§ 23-11 Interlocutory Sale During Ancillary Proceeding
§ 23-12 Choice of Law
a. Overview
b. The Role of State Law
c. The Role of Federal Law
§ 23-13 Standing Under Section 853(n)(2)
a. Using State Law to
Determine if the Claimant has a “Legal Interest”
b. The Defendant may not
File a Claim
c. General Creditors do not
Have Standing
d.
Shareholders
e. Person Residing on
Forfeited Real Property
f. Financial
Institution Asserting a Right of Set Off
§ 23-14 Grounds for Recovery in the Ancillary Proceeding
a. Recovery is Limited to
Two Narrow Categories of Claimants
b. A Claimant may have
Standing yet Fail to Prevail on the Merits
c. Third Parties Cannot
Challenge the Forfeitability of the Property
d. The Application of 92
Buena Vista to Criminal Forfeiture
§ 23-15 Superior Legal Interest Under Section 853(n)(6)(A)
a. Paragraph (6)(A) Embodies
the Relation Back Doctrine
b. Innocence is not Required
c. Nominal Ownership is not
Sufficient
d. Marital Property
e. Constructive Trusts
§ 23-16 Bona Fide Purchasers Under Section 853(n)(6)(B)
a. Section 853(n)(6)(B) is
an Exception to the Relation Back Doctrine
b. The Bona Fide Purchaser
Requirement
c. Claimant Must be
Reasonably Without Cause to Believe Property was Subject to Forfeiture
§ 23-17 Clear Title to Forfeited Property
Chapter Twenty-Four. Appeals and Miscellaneous
Post-Sentencing Topics
§ 24-1 Overview
§ 24-2 Appeals From the Order of Forfeiture
§ 24-3 Stay Pending Appeal
§ 24-4 Jurisdiction Pending Appeal
§ 24-5 Appeal by a Third Party from the Ancillary Proceeding
§ 24-6 Investigation to Locate Forfeited Assets
§ 24-7 Enforcement of the Forfeiture Order
§ 24-8 Abatement
§ 24-9 Parallel Civil and Criminal Forfeitures
§ 24-10 Division of Jointly Held Property
§ 24-11 Section 2255 / Court of Federal Claims
§ 24-12 Prosecutorial Immunity
Part IV — What Is Forfeitable?
Chapter Twenty-Five. Criminal Proceeds
§ 25-1 Overview
§ 25-2 Civil and Criminal Forfeiture
§ 25-3 Statutes Authorizing the Forfeiture of Proceeds
§ 25-4 The Definition of “Proceeds”
a. Property Obtained or
Retained as a Consequence of an Offense: the “But For” Test
b. Property “Traceable to”
an Offense
c. Interest, Insurance
Proceeds, and Appreciated Property
d. Section 981(a)(2): Gross
Proceeds v. Net Profits
e. Proceeds of a
Fraudulently-Obtained Loan
§ 25-5 Establishing That Property Is “Proceeds” with
Circumstantial Evidence
a. Lack of Legitimate Income
b. Other Circumstantial
Evidence
c. Currency Seized During
Highway, Airport and Passenger Train Stops
d. Dog Alerts
Chapter Twenty-Six. Instrumentalities and
Facilitating Property
§ 26-1 Overview
§ 26-2 Facilitating Property Statutes / Instrumentalities and
Facilitating Property
§ 26-3 The Definition of “Facilitating Property”
a. Real Property
b. Vehicles
c. Money and Monetary
Instruments
d. Professional Licenses and
Other Intangible Property
§ 26-4 The Substantial Connection Test
Chapter Twenty-Seven. Property Involved in Money
Laundering
§ 27-1 Overview
§ 27-2 The Currency Reporting Offenses
§ 27-3 What Property Is “Involved in” a Currency Reporting Offense?
a. CTR Violations
b. CMIR Violations
c. Form 8300 Violations
d. Application of the
Excessive Fines Clause
§ 27-4 Bulk Cash Smuggling
§ 27-5 Money Transmitting Businesses: 18 U.S.C. § 1960
§ 27-6 Money Laundering: 18 U.S.C. §§ 1956 and 1957
§ 27-7 What Property Is Involved in a Violation of § 1956 or
§ 1957?
§ 27-8 The Proceeds of the SUA Offense
§ 27-9 Property That Is the Subject Matter of the Money Laundering
Offense
a. Reverse Money Laundering:
Violations of § 1956(a)(2)(A)
b. Property Involved in a
Purchase, Sale, or Exchange
c. Double Counting
d. Commingled Property
§ 27-10 Facilitating Property 823
a. The Substantial
Connection Requirement
b. Property Used to Conceal
or Disguise
c. Facilitating Property
Outside of “Conceal and Disguise” Cases
§ 27-11 Property Involved in the Specified Unlawful Activity
Part V — Excessive Fines Clause of the Eighth Amendment
Chapter Twenty-eight. The Excessive Fines Clause
§ 28-1 Overview
§ 28-2 When Does the Excessive Fines Clause Apply?
§ 28-3 The Forfeiture of Proceeds
§ 28-4 Currency Reporting Offenses
§ 28-5 Bulk Cash Smuggling
§ 28-6 Instrumentalities and Facilitating Property
a. Overview
b. Using the Maximum Fine to
Measure the Gravity of the Offense
c. Other Factors Used to
Determine the Gravity of the Offense
d. Other Factors Used to
Determine the Value of the Property
e. The Role of the Nexus
Between the Property and the Offense
§ 28-7 Joint and Several Liability
§ 28-8 Forfeiting Facilitating Property From Third Parties
§ 28-9 Money Laundering Cases
§ 28-10 Procedure for Resolving Eighth Amendment Issues
a. Standing to Raise an
Eighth Amendment Objection
b. Burden of Proof
c. Eighth Amendment
Challenge May not be Raised Pretrial
d. Challenges Under Section
2255
e. The Eighth Amendment
Issue is for the Court, not the Jury
f. Retroactive
Application of Bajakajian
§ 28-11 Remedy for an Eighth Amendment Violation
CD-ROM
What is Forfeitable?
a. Chart matching each federal criminal offense with the corresponding
forfeiture statue.