There appeared to be reason for supposing that the drowned informer had hoped for a reward out of this forfeiture
, and had obtained some accurate knowledge of Magwitch's affairs.
His article also notes how California law enforcement officers commonly elude state limits on the retention of forfeited assets by allowing federal authorities to "adopt" their forfeitures
There is, however, one potential source of ambiguity in the Criminal Code's provisions concerning forfeitures
of proceeds of crime.
According to attorney David Post, in an amicus curiae brief for the Institute for Justice on the case, the standard has long been that courts should interpret statutes in such a way as to avoid forfeitures
if at all possible.
At her confirmation hearing, Lynch insisted "civil and criminal forfeiture
are very important tools" and that forfeitures
are "done pursuant to supervision by a court, it is done pursuant to court order, and I believe the protections are there.
Story, however, held that such forfeitures
were justified when they arise "from the necessity of the case, as the only adequate means of suppressing the offence or wrong, or insuring an indemnity to the injured party.
also are a financial boost to law enforcement agencies, which can receive 80 percent of the proceeds seized from drug cases or when there are no identifiable victims, while the federal government keeps the rest of the money.
But as reason has reported ("The Forfeiture
Racket," February 2010), police and prosecutors routinely evade that requirement by exaggerating the costs of forfeitures
or by contracting them out to private attorneys.
Colorado statutes require that courts order the Department of Insurance to suspend the ability of bail agents and insurance companies to post bail bonds if they fail to pay forfeitures
when the judgments are due.
Moralez, (1) the Army Court of Criminal Appeals (ACCA) published an opinion solely "to highlight a common and recurring problem in the Army: misinterpretation of the rules governing deferment and waiver of forfeitures
seizures and forfeitures
from June 16, 2008 to June 18, 2008 that
In 2000, Oregonians voted to place tight restrictions on civil forfeitures