Civil Asset Forfeiture Reform Act: Hearing Before the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, Second Session, on H.R. 1916 ... July 22, 1996
U.S. Government Printing Office, 1996 - 383 lappuses
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abuse activity agencies allow amended apply asset forfeiture Attorney authority bank believe bill bond burden of proof Chairman civil forfeiture claim claimant clear commit Congress constitutional Controlled cost counsel court crime criminal forfeiture defendant Department determine district drug establish evidence fact Federal filed foreign forfeiture action forfeiture laws forfeiture statutes funds give government's hearing HYDE illegal indictment innocent owner inserting interest involved issue Jones judgment judicial jury Justice laundering law enforcement legislation LIBRARY limited means notice obtain offense Office paragraph person police present probable cause problem procedures proceeding proceeds property owners proposal protect provision pursuant reason reform requirement respect restraining order result Rule Section seized seizure showing standard standing stay subject to forfeiture substitute assets third party title 18 trial United States Code violation
265. lappuse - Not only these precedents but also reason and reflection require us to recognize that in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, cannot be assured a fair trial unless counsel is provided for him.
187. lappuse - (A) any property constituting, or derived from, any proceeds the person obtained, directly or indirectly, as the result of such violation...
126. lappuse - Any claim arising in respect of the assessment or collection of any tax or customs duty, or the detention of any goods or merchandise by any officer of customs or excise or any other law-enforcement officer.
187. lappuse - ... by such officers, agents, or other persons as may be authorized or designated for that purpose by the Attorney General, except to the extent that such duties arise from seizures and forfeitures effected by any customs officer.
301. lappuse - ... no property shall be forfeited under this paragraph, to the extent of the interest of an owner, by reason of any act or omission established by that owner to have been committed or omitted without the knowledge or consent of that owner.
261. lappuse - AMERICAN BAR ASSOCIATION CRIMINAL JUSTICE SECTION REPORT TO THE HOUSE OF DELEGATES...
150. lappuse - Commission or any officer designated by it is empowered to administer oaths and affirmations, subpena witnesses, compel their attendance, take evidence, and require the production of any books, papers, correspondence, memoranda, or other records which the Commission deems relevant or material to the inquiry.
123. lappuse - Solicitor's office indicated in the notice a claim to the property and a bond in the penal sum of $5,000, or ten per centum of the value of the claimed property, whichever is lower, but not less than $250.
179. lappuse - In lieu of a fine otherwise authorized by this section, a defendant who derives profits or other proceeds from an offense may be fined not more than twice the gross profits or other proceeds.
170. lappuse - In a criminal case an appeal by the United States shall lie to a court of appeals from a decision, judgment, or order of a district court dismissing an indictment or information as to any one or more counts, except that no appeal shall lie where the double jeopardy clause of the United States Constitution prohibits further prosecution.