Reviewing the case earlier, before reaching his conclusion, Justice Aikawa said Section 17 of the Advance Fee Fraud and other related Offence Act, Number 14, 206, empowers the court to grant an order of forfeiture
of properties reasonably suspected to be proceeds of crime to the Federal Government.
A straightforward reading of both Crawford and Giles reveals that three things must be true before forfeiture
by wrongdoing can apply: 1) the declarant must be unavailable to testify; 2) the declarant's unavailability must be a result of the defendant's actions, and; 3) the defendant's actions must have been undertaken with the intent to produce the declarant's unavailability.
Neily wasted no time in expressing his view of civil forfeiture
during his opening speech.
Ramping up adoptive forfeitures
would circumvent much of the progress state legislatures have made to curb forfeiture
Compensation is also subject to a substantial risk of forfeiture
may be triggered by a condition related to the purpose of the compensation, provided the possibility of forfeiture
IRS guidance provides that the failure can generally "be corrected by reallocating all forfeitures
in the plan's forfeiture
suspense account to all plan participants who should have received them, had the forfeitures
been allocated on time.
In the past, some 457(f) plans have allowed employees to extend the date when a risk of forfeiture
would lapse, shortly before it occurred, in order to delay taxation.
upon commission of the act giving rise to forfeiture
The participants also recommended to preserve the forfeited properties and develop them while safeguarding jobs and see to it enlarge the definition of corruption and adopt a precise definition of the criminal activities which induce forfeiture
of stolen properties.
1379, an "Act Declaring Forfeiture
in Favor of the State any Property Found to have been Unlawfully Acquired by any Public Officer or Employee and Providing for the Proceedings therefor.
practices led to increased media scrutiny, from
After examining the roots of this confusion, the Article proposes a more coherent approach to trust forfeiture
clauses that recognizes property owners' interests in facilitating smooth relationships between their trustees and beneficiaries without forfeiting the precious oversight that allows trusts and the parties to a trust relationship to function properly.