Prosecution and Defense of Forfeiture Cases
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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
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
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