FEAR Reference Material - forfeiture, money laundering, and related legal issues

[Written 12/26/01 by Leon Felkins - revised 1/16/03]

Please send us suggestions for general reference material appropriate to this site. Be sure to include full access information; web page URL, address of the publisher and publication date, etc.  E-mail to webmaster@fear.org.

Judge David Demers - Search & Seizure Outline - Summer 2002
This is a nice resource on the legal intricacies of "Search and Seizure". The outline covers Florida case law, rules, and statutory provisions on search and seizure. It also covers many U.S. Supreme Court decisions. It is used in Advance Judicial Studies and as part of the pretrial material in the Florida Judicial College’s March program.

United States Attorneys' Manual
The DOJ has generously made the US Attorneys' Manual available online. I suppose some credit ought to also go to the Freedom of Information Act, for it is located in the FOIA reading room. Chapter 9 has the most pertinent material on Asset Forfeiture.

"Losing One's Livelihood To The Grasp Of Fiction, The Law of Civil Forfeiture In The United States," (PDF file!) is a 1996 article written by Robert Shaw which addresses the many troubling and controversial aspects of civil forfeiture as it is practiced in the United States. Parts II and III examine the origins and history of civil forfeiture in England and the United States. Part IV presents an overview of the primary federal civil forfeiture laws and discusses the typical procedures and standards utilized when civil forfeiture proceedings are initiated. Part V discusses the relationship between federal and state law enforcement agencies as shaped by federal forfeiture laws, the incentives which arise as a result, and the practical effects of these incentives on state policy and the citizenry. Part VI presents examples of the abusive practices that have become commonplace across the country pursuant to the authority granted under civil forfeiture laws. Part VII addresses the plight of innocent owners and the protections afforded them by the innocent owner statutory defenses that are provided in a small minority of statutes. Part VIII discusses the use of informants by law enforcement. And finally, part IX offers suggestions for reform. Euthanasia In The United States?

Back to Forfeiture Background Page.