Addressing Disproportionate Forfeitures: Refining the Bajakajian Analysis

Part Two of a Two-Part ArticleIn Part One, we discussed the public concern over unfairness in asset forfeiture and analyzed the Supreme Court case — United States v. Bajakajian — that looked to the Excessive Fines Clause to limit the government's authority to forfeit property. In Part Two, we consider possible reforms that would allow defendants to challenge forfeitures as disproportionate under a fairer and more appropriate analysis.

2 minute read June 01, 2018 at 12:03 AM

Harry Sandick, Daniel Ruzumna and

Jacqueline Bonneau

Part One United States v. Bajakajian Bajakajian Bajakajian for each tax year

Proposals for Reform

Bajakajian Bajakajian Bajakajian United States v. Jose Id see also United States v. Levesque Bill of Rights Bajakajian See Levesque Bajakajian United States v.

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