Forfeiture in Drug Cases

"The statutes pertaining to drug offenses authorize the forfeiture of more than just the proceeds of the offense. Under 21 U.S.C. §§ 853(a) and 881(a) (criminal and civil forfeiture, respectively), a court may order the forfeiture of both the drug proceeds and any real or personal property used to commit, or to facilitate the commission of, the drug offense. These are the statutes that a federal law enforcement agency or federal prosecutor would use to take a car, boat, gun, airplane, or farm, away from a drug dealer.
"Facilitating property is defined in the case law to mean any property that "makes the prohibited conduct less difficult or more or less free from obstruction or hindrance." United States v. Schifferli, 895 F.2d 987, 990 (4th Cir. 1990) (Facilitation occurs when the property "make[s] the prohibited conduct less difficult or more or less free from obstruction or hindrance."); United States v. Bornfield, 145 F.3d 1123, 1135 (10th Cir. 1998) (citing Schifferli); United States v. Puche, 350 F.3d 1137, 1153 (11th Cir. 2003) (citing Bornfield)). The drug cases provide a plethora of examples of cases where houses, businesses, and even medical licences, have been forfeited as facilitating property."

Source: 

Cassella, Stefan D., "Overview of Asset Forfeiture Law in the United States," United States Attorneys' Bulletin, (Columbia, SC: November 2007), p. 11.
http://www.justice.gov/usao/eo...

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