This is another in a series of articles on developments in the federal case law relating to criminal forfeiture procedure. It covers the cases decided in 2012 and early 2013. The article begins with the cases that illustrate the concept that criminal forfeiture is part of the defendant’s sentence in a criminal case. It then takes the reader more or less chronologically through the litigation of a case, beginning with the seizure and restraint of the property and continuing through the trial and sentencing of the defendant and the adjudication of third-party issues in the post-trial ancillary proceeding. Except in instances where it is necessary to refer to the leading case in a given area for purposes of comparison or context, the citations are limited to the cases decided in 2012 and early 2013.
- forfeiture,
- asset forfeiture,
- criminal forfeiture,
- right to jury,
- Rule 32.2,
- ancillary proceeding,
- restraining orders,
- seizure warrants,
- indictment,
- Southern Union,
- Apprendi,
- bona fide purchaser,
- relation back doctrine,
- substitute assets,
- money judgment,
- order of forfeiture,
- Jones-Farmer Rule,
- Libretti,
- potential claimant,
- standing,
- Section 853,
- asset forfeiture law in the United States,
- restitution
Available at: http://works.bepress.com/stefan_cassella/32/