assetforfeiture

Asset forfeiture is a legal process through which authorities seize assets they allege are connected to crime or illegal activity, with the aim of depriving criminals of proceeds, instruments, or property used in wrongdoing. In many jurisdictions, forfeiture can occur without a criminal conviction and may proceed either against property itself or against the person who owns or controls it.

There are two main forms: criminal forfeiture and civil asset forfeiture. Criminal forfeiture occurs as part of a criminal prosecution and results in the loss of property upon conviction. Civil asset forfeiture, by contrast, allows the government to initiate an in rem action against the property itself, or an in personam action against the owner, without requiring the owner to be charged with or convicted of a crime. In civil cases the standard of proof is often lower than beyond a reasonable doubt, such as a preponderance of the evidence, though standards vary by jurisdiction. Some systems require a demonstrable link between the property and criminal activity.

Procedural aspects typically involve notice to potential claimants, a hearing, and the possibility of returning assets if the claimant can show no substantial connection to criminal activity. Proceeds from forfeiture are frequently allocated to law enforcement budgets or community programs, depending on the jurisdiction.

Asset forfeiture has faced criticism for potential burdens on due process and for creating incentives to seize property from innocent owners. Reforms in many places seek higher evidentiary standards, stronger protections for innocent owners, and increased transparency and oversight to curb abuses while preserving legitimate crime control objectives.