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Criminal Forfeiture Procedure In 2015: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

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 2014 and early 2015.

Like the earlier articles in this series, this one does not attempt to address every topic related to criminal forfeiture, nor all of the exceptions and nuances that apply to the topics that are addressed; rather, it covers only those matters on which there was a significant development in the case law in the past year. Thus a basic familiarity with federal criminal forfeiture procedure is assumed.

The Article begins …

Criminal Forfeiture In 2014: An Annual Survey Of Developments In The Law, Stefan D. Cassella

Stefan D Cassella

This paper is another in the series of annual surveys of the case law regarding the procedure to making criminal forfeiture part of the sentence in a federal criminal case. It begins with the scope of criminal forfeiture, and the moves chronologically through the stages of a typical criminal case from indictment and trial through the post-trial ancillary proceeding.

Criminal Forfeiture Procedure In 2013: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

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 …

Criminal Forfeiture Procedure In 2012: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This is an annual review of the case law regarding asset forfeiture in federal criminal cases. It discusses the permissible scope of a forfeiture order, and then takes the reader through each step in the forfeiture process from seizure and restraint to indictment, trial or plea, sentencing, and the ancillary proceeding which the rights and interests of third parties are resolved.

Criminal Forfeiture Procedure In 2011: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

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 2010. Like the earlier articles in this series, this one does not attempt to discuss every topic related to criminal forfeiture, but covers those matters on which there was a significant development in the case law in the past year, or a significant change in the rules or statutes governing criminal forfeiture procedure.

Criminal Forfeiture Procedure In 2010: An Annual Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This article is the latest in a series of annual surveys of developments in the case law regarding federal criminal forfeiture procedure. It covers cases decided in 2009 and changes to Rule 32.2 of the Federal Rules of Criminal Procedure that took effect in 2009.

United States V. Santos: The U.S. Supreme Court Rewrites The Money Laundering Statute, Stefan D. Cassella

Stefan D Cassella

The United States Supreme Court has upset decades of money laundering case law, by construing the term “proceeds” to mean “net profits” instead of “gross receipts” in at least some money laundering cases. In the resulting confusion, lower courts have struggled to determine when the Court’s ruling applies, and how the Government may satisfy the “profits” requirement when it must do so. This article discusses the Court’s decision in United States v. Santos and the problems that it has created, and attempts to make sense of the post-Santos case law.

Criminal Forfeiture Procedure In 2009: A Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This article collects all of the cases decided in the past year dealing with the procedure for incorporating asset forfeiture in a federal criminal case, including the order of forfeiture in the defendant's sentence, and resolving the claims of third parties.

Santos And Cuellar: The U.S. Supreme Court Limits The Government's Ability To Prosecute Transnational Crime Under The Money Laundering Statutes, Stefan D. Cassella

Stefan D Cassella

These are the lecture notes from a presentation on the impact of the Supreme Court's decisions on June 2, 2008 in the Santos and Cuellar cases, which arguably have limited the government's ability to use the anti-money laundering statutes to prosecute both domestic and international money laundering offenses. A more formal paper on this topic will be forthcoming.

Criminal Forfeiture Procedure In 2008: A Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

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. Copyright © 2008 Thomson Reuters/West.

The Case For Civil Forfeiture: Why In Rem Proceedings Are An Essential Tool For Recovering The Proceeds Of Crime, Stefan D. Cassella

Stefan D Cassella

The article outlines the reasons why a purely in personam asset forfeiture system that relies on a criminal conviction for the recovery of criminal proceeds is inadequate, and why governments implementing asset forfeiture schemes should make civil in rem forfeiture part of the legislative program.

Criminal Forfeiture Procedure In 2007: A Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This article is one in a series of annual updates on the rapidly expanding area of criminal asset forfeiture procedure. Organized topically, the article analyzes the recent cases, beginning with those discussing the nature and scope of criminal forfeiture and then continuing through the steps in a criminal prosecution, from indictment through sentencing and the post-trial ancillary proceeding regarding the rights of third parties. The article covers cases decided in 2006. Copyright © 2007 Thomson Reuters/West.

Criminal Forfeiture Procedure In 2006: A Survey Of Developments In The Case Law, Stefan D. Cassella

Stefan D Cassella

This article is one in series of annual surveys of the case law regarding criminal forfeiture procedure and the adjudication of third party rights in criminal forfeiture cases. It covers the case law from 2005 through early 2006.

Criminal Forfeiture Procedure: An Analysis Of Developments In The Law Regarding The Inclusion Of A Forfeiture Judgment In The Sentence Imposed In A Criminal Case, Stefan D. Cassella

Stefan D Cassella

The article surveys the developments in the case law regarding criminal forfeiture procedure in 2003-04.

Terrorism And The Financial Sector: Are The Right Prosecutorial Tools Being Used?, Stefan D. Cassella

Stefan D Cassella

The article suggests that the statutes enacted to deal specifically with terrorist financing are not always the most appropriate vehicles either for bringing criminal charges or recovering assets under the forfeiture laws, but that most traditional and generic statutes, such as those dealing with money laundering, bulk cash smuggling and currency reporting violations might be more effective in most cases.

Bulk Cash Smuggling And The Globalization Of Crime, Stefan D. Cassella

Stefan D Cassella

The articles discusses the legislative history of the bulk cash smuggling statute, 31 U.S.C. 5332, and constitutional issues raised under the Excessive Fines Clause of the Eighth Amendment when the government seeks to use the statute to forfeit the currency being smuggled.

The Forfeiture Of Property Involved In Money Laundering Offenses, Stefan D. Cassella

Stefan D Cassella

The article discusses in detail the legal theories that the government uses to forfeit property involved in money laundering offenses under both the civil and criminal forfeiture laws. The money laundering offenses include violations of 18 U.S.C. 1956 and 1957, as well as the anti-structuring and bulk cash smuggling statutes in Title 31.

Application Of 18 Usc 1960 To Informal Money Service Businesses, Stefan D. Cassella

Stefan D Cassella

The article proposes that 18 USC 1960, a criminal statute that criminalizes the unlicensed operation of a money service business, may be used to prosecute not only traditional bricks and mortar businesses, but also informal money transfer operations of the kind typically used by drug trafficking, terrorist financing and other criminal organizations.

Provisions Of The Usa Patriot Act Relating To Asset Forfeiture In Transnational Cases, Stefan D. Cassella

Stefan D Cassella

The article outlines the provisions of the USA Patriot Act that enhance the power of the US Government to use the asset forfeiture laws to recover property involved in transnational crime, including the power to seize assets from the correspondent account of a foreign bank.

Forfeiture Of Terrorist Assets Under The Usa Patriot Act Of 2001, Stefan D. Cassella

Stefan D Cassella

This short article discusses the provision that were included in the USA Patriot to enhance the government's ability to use the asset forfeiture laws to confiscate the assets of terrorist organizations.

The Recovery Of Criminal Proceeds Generated In One Nation And Found In Another, Stefan D. Cassella

Stefan D Cassella

This article discusses the difficulties governments face in dealing with criminals who move the proceeds of crime across political boundaries. It discusses several common international money laundering processes, such as the black market peso exchange, and then outlines in some detail the issues that arise when one country attempts to gain the assistance of another in recovering the criminal proceeds under the asset forfeiture laws.

Money Laundering Has Gone Global, Stefan D. Cassella

Stefan D Cassella

The article, written in layman's terms, lists the enhancements that Congress needs to make to the money laundering laws to keep pace with the globalization of crime.

Does Apprendi V. New Jersey Change The Standard Of Proof In Criminal Forfeiture Cases?, Stefan D. Cassella

Stefan D Cassella

The article, written shortly after the Supreme Court decided Apprendi v. New Jersey, sets forth the arguments why the decision will not require the imposition of the reasonable doubt standard in criminal forfeiture cases, nor require that forfeiture matters be tried to a jury.

Third Party Rights In Criminal Forfeiture Cases, Stefan D. Cassella

Stefan D Cassella

This article discusses the statutory procedures and the case law regarding the adjudication of the rights of third parties in property that a defendant has been ordered to forfeit in a criminal case. In particular, it discusses the ancillary proceeding governed by 21 U.S.C. 853(n) in detail. The case law references are now outdated and have been superceded by the discussion in Chapter 24 of the author's treatise, Asset Forfeiture Law in the United States. Nevertheless the article provides a good introduction to the topic.