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Criminal Forfeiture Laws

By Robert J. Anello

Federal prosecutors increasingly have become enamored with the aggressive use of criminal forfeiture in white-collar cases. In 2008, the Department of Justice (DOJ) created a National Asset Forfeiture Strategic Plan to “develop and implement policies and procedures to ensure that asset forfeiture is an integral part of every investigation and prosecution.” Forfeiture is viewed by the government as a “vital weapon” in its arsenal to “strip criminals of their illicit wealth.” U.S. Department of Justice, Asset Forfeiture Program, “National Asset Forfeiture Strategic Plan 2008-2012″ at p. 3. When, however, the government collection process begins before any determination of guilt, the zealous pursuit of the supposed fruits of the yet'to-be-proven crime runs smack into the constitutionally-protected right to a fair trial.

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