FEAR's forfeiture experts clearly explain everything you need to take the fear out of litigating your first forfeiture case in Forfeiture 101
This DVD will guide you through forfeiture procedures beginning with filing a claim, answer and demand for jury trial, while avoiding pitfalls built into the maze of proceedings based upon arcane admiralty law compli- cated by CAFRA reforms that apply to some forfeiture proceedings and not to others.
Forfeiture 101 also provides a guided tour through FEAR's free online legal resources, as well as how to make the most of your subscription to FEAR's Brief Bank.
One of the key provisions of the federal Civil Asset Forfeiture Act of 2000 (CAFRA),2 for which FEAR lobbied for eight years, requires courts to appoint counsel to represent owners of seized homes who cannot afford a lawyer, upon request of the forfeiture victim.3
But what happens if no one at the court tells the victim about his rights under this statute?
Judges don’t always know they can (or in some cases must) appoint counsel to defend owners of seized property. Even when they do, there is a shortage of experienced forfeiture attorneys willing to accept the court appointments.
Can you imagine trying to defend against summary judgment pro se, when the well trained federal prosecutor argues such things as collateral estoppel, the relation back doctrine, standing, or that the forfeiture is remedial and therefore the Excessive Fines clause does not apply?
As United States Attorneys continue their ever-expanding over-reach in seizing assets,4 more and more people face complex proceedings in order to defend their seized property.
The right to counsel that is so essential to our system of justice is worthless as long as practicing attorneys remain ignorant of complex idiosyncracies of proceedings based upon arcane admiralty law compli- cated by CAFRA reforms that apply to some forfeiture proceedings and not to others.
FEAR's Forfeiture 101 DVD enables defense attorneys to effectively expand their practice to meet the needs of the vastly increasing number of victims of the government's ever-broadening overreach for assets and money judgments.
These days many attorneys are looking for ways to expand their areas of practice. And courts are finally beginning to appoint counsel under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA)'s right to counsel provisions.
However, lawyers taking on their first forfeiture case suddenly find that law school never prepared them for the maze of complex proceedings that strictly adhere to Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, further complicated by CAFRA reforms that apply to some forfeiture proceedings and not to others.The government continues to expand its applications of an ever increasing number of criminal and civil forfeiture laws. More than ever, criminal defendants also need effective representation for their interests in seized property. (Criminal defense attorneys have the same obligation to defend their clients' property during the forfeiture phase of trial as they do in other sentencing issues.)
Additionally, growing numbers of forfeiture victims must defend their property interests from prosecutors who, according to their own reported figures, continue to routinely overreach4 in seeking assets and money judgments.
Clear and practical explanations by FEAR's forfeiture experts, along with informative charts and guides to navigating FEAR's online forfeiture defense tools, also provide invaluable help to pro se forfeiture litigants whose cases slip through the cracks of CAFRA's right to counsel provisions.
FEAR's Forfeiture 101 back coverFEAR's SPECIAL INTRODUCTORY OFFERS: