Prosecution and Defense of Forfeiture Cases

The most comprehensive treatise available on the substantive and procedural law of civil and criminal forfeiture.

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Print Book:2 Volumes; Looseleaf; updated with revisions.
ISBN: 9780820510996
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Prosecution and Defense of Forfeiture Cases is the leading treatise on forfeiture law and practice, written by the country's top forfeiture lawyer. It has routinely been cited by the federal courts. The author, David Smith, helped draft the Civil Asset Forfeiture Reform Act of 2000 and other federal and state forfeiture laws. This treatise comprehensively covers federal criminal and civil forfeiture from A to Z.

Chapter topics include: remission and mitigation; fines; restitution; victims' rights; federal forfeiture in narcotics, money laundering, structuring, Bank Secrecy Act, RICO, and alien smuggling cases; and New York, Florida, and Texas state forfeiture law. Valuable, practical suggestions and model forms are included throughout the treatise. Also included is an appendix of relevant federal statutes and regulations.

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Table of contents

VOLUME 1


PART I CIVIL FORFEITURE


Chapter 1 The Role of Forfeiture in Law Enforcement

Chapter 2 The Nature and Origins of In Rem Forfeitures

Chapter 3 Scope of Civil Forfeiture

Chapter 4 Civil Forfeiture in Narcotics Cases

Chapter 5 Other Civil Forfeiture Statutes

Chapter 6 Administrative Forfeitures

Chapter 7 Agency Authority To Terminate or Settle Forfeiture Proceedings and Equitable Sharing

Chapter 8 Preserving the Value of Property Subject to Forfeiture After Seizure

Chapter 9 Commencement of Civil Forfeiture Proceedings

Chapter 10 Civil Forfeiture Proceedings–Pretrial

Chapter 11 Civil Forfeiture Proceedings–Trial

Chapter 12 Defenses to Civil Forfeiture


VOLUME 2


PART II CRIMINAL FORFEITURE


Chapter 13 The Nature and Scope of Criminal Forfeiture

Chapter 14 Procedure in Criminal Forfeiture Cases


PART III REMISSION AND MITIGATION


Chapter 15 Remission and Mitigation–Administrative Relief From the Harshness of Forfeitures


PART IV STATE FORFEITURE STATUTES


Chapter 16 New York Forfeiture Law

Chapter 17 The Florida Contraband Forfeiture Act

Chapter 18 Civil Forfeiture Under Chapter 59, Texas Code of Criminal Procedure

Chapter 19 [Reserved]


PART V FINES AND RESTITUTION


Chapter 20 Fines and Restitution


Appendix of Statutes and Regulations

Table of Cases

Table of Statutes

Index