CAFRA questions

[liftsiron]

Does property need to be proven, to be purchased with ill gotton gains in order for it to be seized? Does the accused need to own the property. If a person has no ownership in a legitimate business, only an employee, can this business be siezed if the employyee is accused of selling steroids on said premises. This case is in federal hands. No steroids were found when a search of the business was conducted. The case boils down to the word of a fired employee against the employee who fired him. Thanks for any help.


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[ROID WARRIOR]

"Does property need to be proven, to be purchased with ill gotton gains in order for it to be seized?"

Under CAFRA, law enforcement needs probable cause to seize the property. For it to be successfully forfeited, the People must prove by a preponderance of the evidence that it is the proceeds of or instrumentality for the commission of a crime. Note that this is a lesser standard of prrof than that which is necessary for a criminal conviction (beyond reasonable doubt).

Remember, the forfeiture action is in rem (against the property), and not in personam (against the person). The wrongdoer is actually the property itself, not the person. The property itself is what has been tainted with criminality. In NYC, many times apartment buildings are seized and forfeited because of the drug dealing activities on those premises. The landlord, who often does not reside on the premises, can lose their building because of the illegal conduct of others on the premises.

Good luck.

RW

 

[liftsiron]

Thanks bro

 

[Zyglamail]

In NYC, many times apartment buildings are seized and forfeited because of the drug dealing activities on those premises. The landlord, who often does not reside on the premises, can lose their building because of the illegal conduct of others on the premises.

Good luck.

RW

Hmm, and to think we live in a democracy, hate to think of what our lawmakers would do if they deemed our government something more oppressive.