Civil Forfeiture
Definition
A legal mechanism, particularly used in the United States and United Kingdom, that allows courts to order the forfeiture of assets that are proceeds of crime without a criminal conviction of any person. The action runs against the property itself rather than a named defendant.
- Also known as
- In rem or non-conviction-based forfeiture
- Common jurisdictions
- United States and United Kingdom
- Requires
- No criminal conviction of any person
- Action runs against
- The property itself, not a named defendant
Common questions
How can property be forfeited if no one is convicted of a crime?+
The legal action is filed against the asset itself on the theory that it represents proceeds or instruments of crime, so the case proceeds on a civil standard of proof, generally lower than the criminal standard, without needing a person's conviction.
How is civil forfeiture different from criminal (conviction-based) forfeiture?+
Criminal forfeiture is a penalty imposed as part of sentencing after a person is convicted, while civil forfeiture is a separate proceeding against the property that can proceed even if criminal charges are never filed or a prosecution fails.
What can an owner do to recover forfeited property?+
An owner or claimant can contest the action by asserting an innocent-owner defence or challenging the asset's link to criminal proceeds, though the burden and procedure for doing so vary considerably between jurisdictions.
Related terms
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- StAR Initiative
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- UNCAC
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