Criminal Forfeiture Procedure in 2008: A Survey of Developments in the Case Law

Stefan D. Cassella, US Dept of Justice

Abstract

This is an annual survey of the federal case law relating to criminal forfeiture procedure. Forfeiture is part of the sentence in a criminal case. The article discusses the cases from 2007 discussing the scope of criminal forfeiture, the rights of third parties, and the procedures under Rule 32.2 and Section 853, including indictment, seizure and restraint, guilty pleas, the bifurcated trial, sentencing, and the post-trial ancillary proceeding.

Publisher Statement

The article has been accepted for publication in the Criminal Law Bulletin