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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.

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.

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.

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.

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.