Civil Forfeiture

Civil Asset Forfeiture - Podcast

Criminal Law & Procedure Practice Group Podcast
Andrew R. Kloster, Darpana Sheth, Dean A. Reuter November 22, 2013

Police Money

Everyone knows that the proceeds and instrumentalities of a crime are confiscable by the state. What they don’t know is that the laws that authorize this type of “civil forfeiture” are subject to abuse. Some allege that state and federal law enforcement authorities use civil forfeiture as a revenue-generation tool, creating perverse incentives. This system sometimes falls on innocent owners, many of whom don’t have the legal skills or money to fight back. Our experts will discuss whether this area of our legal system is in need of reform.


  • Mr. Andrew R. Kloster, Legal Fellow, Edwin Meese III Legal Center, The Heritage Foundation
  • Ms. Darpana Sheth, Attorney, Institute for Justice
  • Moderator: Dean A. Reuter, Vice President and Director of Practice Groups, The Federalist Society

[Listen now!]

Forfeiture Reform

Criminal Law & Procedure Practice Group Newsletter - Volume 1, Issue 3, Fall 1997
Stefan D. Cassella May 21, 2009
The Justice Department has drafted and sent to Congress a set of legislative proposals to revise and reform the civil and criminal forfeiture laws. The bill, H.R. 1745, which was introduced by Rep. Charles Schumer on May 22, 1997, would create a uniform innocent owner defense and otherwise change civil forfeiture procedures to enhance the procedural due process rights of property owners. At the same time, it would expand the government's substantive forfeiture powers, by making the proceeds of virtually all federal crimes subject to forfeiture; and it would give the government new procedural tools, such as the ability to use criminal forfeiture in all cases where civil forfeiture is already authorized.