forfeitable

If the jury finds the property forfeitable, the court issues an order of forfeiture.

In addition, before a trial begins, the Government can seek to freeze a defendant's assets to preserve what it thinks is forfeitable.

The opinion today therefore leaves unclear the status of forfeitable property from the moment of the original crime until forfeiture is judicially declared.

Mr. Icahn said he did not have financing arranged, but he offered to put up a forfeitable $100 million deposit on the deal.

"The courts have routinely said for a million-dollar house, you don't have to have a million dollars of drugs to make it forfeitable," he said.

"If it's forfeitable, then don't get a search warrant, get a forfeiture warrant," Godwin suggested coolly.

The Confiscation Act of July 17, 1862, declared all property belonging to Confederate officers or those who aided the rebels to be forfeitable in rem.

Distributors' franchise areas are strictly delimited to ensure no poaching between areas, and are guaranteed by forfeitable deposits lodged with Wahaha.

Under Sections 881(a)(7), real property is forfeitable if it is used or intended for use to facilitate the commission of a drug-related crime punishable by more than one year's imprisonment.

In court papers, the prosecution maintained that the Government had seized only "forfeitable assets" that could be sold and that the documents in the Connecticut warehouse had no such value.

But, while stating that the Government had such a right, Judge Carter expressed impatience with prosecutors for failing to state an amount that they believe should be forfeitable if the defendants are convicted.

While stating that the Government has the right to freeze the assets of Princeton/Newport, the panel also said that only the interests of the indicted defendants in the partnership were forfeitable.

It's a time-honored precept that the Justice Department seemed to ignore when it froze the deposed leader's bank accounts as the forfeitable earnings of the illicit drug trade of which he is accused.

Under a 1984 law and a 5-to-4 Supreme Court decision, the assets of narcotics defendants can be deemed forfeitable as of the time they committed the crime for which they are to stand trial.

If comity and finality did not compel any time limitation at all, it follows a fortiori that they do not compel making a legislatively created, forfeitable time limitation nonforfeitable."

Thus, under Sections 881(a)(4), a conveyance is forfeitable if it is used or intended for use to facilitate the transportation of controlled substances, their raw materials or the equipment used to manufacture or distribute them.

This power originates from the forfeiture amendments to the Comprehensive Crime Control Act of 1984; these amendments authorize a broad array of Draconian pre-conviction prosecutorial remedies, including restraining orders to preserve the forfeitable assets upon conviction.

In a ruling sharply limiting the impact of a racketeering indictment against five executives of a New Jersey securities firm, a Federal Judge yesterday restricted the amount of money that the firm would have to post as a bond to insure assets that might be forfeitable to the Government.

Chief Judge Maurice M. Paul of the Federal District Court, who issued his decision after a two-day hearing, gave Mr. Bailey until Feb. 29 to turn over the money to the court and to provide records that would show how he managed the forfeitable assets, 600,000 shares of stock now worth $26 million.

When the U.S. Attorney decides to indict someone under RICO, he or she has the option of seeking a pre-trial restraining order or injunction to temporarily seize a defendant's assets and prevent the transfer of potentially forfeitable property, as well as require the defendant to put up a performance bond.

"The legislative history and Congressional debates are similarly silent on the use of forfeitable assets to pay stockbrokers' fees, laundry bills, or country club memberships; no one could credibly argue that, as a result, assets to be used for these purposes are similarly exempt from the statute's definition of forfeitable property."