Subject: FEAR: Pre-Civil Asset Forfeiture Reform Act burdens of proof do not violate due process
From: "Leon"
Date: Tue, 19 Aug 2003 16:05:37 -0500
To: fear-list@mapinc.org, fear-talk@mapinc.org

See US v. PROPERTY, PARCEL OF AGUILAR, No. 00-6312 (2d Cir. July 28, 2003)
at 

http://caselaw.lp.findlaw.com/data2/circs/2nd/006312p.pdf

In summary:

"The principal issue in this appeal is the 
constitutionality of the civil forfeiture procedures in effect 
prior to enactment of the Civil Asset Forfeiture Reform Act 
(“CAFRA”).1 The law prior to CAFRA allowed the government to 
seize property on a mere showing of probable cause and then 
placed the burden of proof on the claimant to show by a 
preponderance of the evidence that the property was not 
subject to forfeiture. Following this pre-CAFRA procedure, 
the government seized three properties owned by appellant 
Francisco Aguilar and commenced civil forfeiture proceedings 
in the United States District Court for the District of 
Connecticut (Burns, J.). A jury subsequently found the 
properties forfeitable and the district court entered judgment 
for the government. For reasons stated below, we affirm the 
district court."


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