Civil and Criminal Forfeiture Procedure
U.S. Department of Justice Publication
by U.S. Department of Justice, Asset Forfeiture & Money Laundering Section
published January, 2004
Electronic hypertext version by Forfeiture Endangers American Rights Foundation,
(c) 2006 FEAR Foundation
Preface to the Electronic Version by FEAR Foundation
by Brenda Grantland, updated 05/29/2006
Of the five DOJ publications on
forfeiture which the government ordered public libraries to destroy
last summer,
this almost-suppressed publication is the most important to forfeiture
victims and defense lawyers. It contains the Justice Department's
official position on the key legal issues the defense commonly
encounters in civil and criminal forfeiture cases -- updated with
the changes made by CAFRA (the Civil Asset Forfeiture Reform Act of
2000).
This DOJ publication is a good way to start your research on any
forfeiture issue -- it tells you what the government will likely
argue. But don't accept the legal positions espoused here as the
gospel truth. Many of these arguments have been rebutted in
FEAR's Asset Forfeiture Defense Manual. On the other hand, in many places this government compilation includes
cases that help forfeiture victims. Also - don't hesitate to
quote this publication when it helps you. It's hard for the
Assistant U.S. Attorney to dispute an argument from the DOJ's own
publication.
FEAR's Hypertext Version of DOJ's Civil and Criminal Forfeiture Procedure (2004 edition)
hypertext version published May 2006, by FEAR Foundation (c) 2006
Foreword
Table of Contents
The DOJ publication in PDF format
To print out the entire book, open each of the following PDF files and print them out onscreen,
or save to a directory on your hard drive
Foreword
Table of Contents
Part I (Civil Forfeiture) - pages 1-50 pages 51-100 pages 101-154 pages 155-189
Part II (Criminal Forfeiture) - pages 1-48 pages 49-99 pages 100-118
Part III (Excessive Fines) - pages 1-22
(c) 2006 Forfeiture Endangers American Rights Foundation