Asset Forfeiture

Asset forfeiture typically refers to the confiscation of assets resulting from conviction for a criminal offense.  Under federal law there are three means of asset forfeiture:  criminal forfeiture, civil forfeiture, and administrative forfeiture.  In criminal forfeiture the forfeiture claim is part of the indictment and the jury is asked to find forfeiture.  In civil forfeiture the government brings an action against the property itself with the requirement on any claimant to assert rightful ownership.  Finally, administrative forfeiture is confiscation by action of an agency.  If someone files a claim for the property in an administrative forfeiture proceeding, the government may convert the forfeiture to either criminal or civil.