Criminal Forfeiture Procedure: 2006

Criminal Law Bulletin, Volume 42 no 5, 515-563.


This article is intended to bring the reader up to date on developments in the federal case law relating to criminal forfeiture procedure. It does not cover every topic related to criminal forfeiture, nor all of the exceptions and nuances that apply to the topics that are discussed; 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 with the law on the scope of criminal forfeiture and the seizure and restraint of property prior to trial. It then continues more or less chronologically through the trial, sentencing, ancillary proceeding and post-trial phases of a criminal forfeiture case. Except in instances where it is necessary to refer to the leading case in a given area for purposes of comparison or context, the citations are limited to the cases decided in 2005 and early 2006.


Criminal Law | Criminal Procedure

Date of this Version

March 2006