FEAR Publications
(updated 3/30/2018)
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Ebook:
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This concise e-book is outlined in a simple question and answer format, with citations to statutes and cases, including links to FEAR's law library and other free internet resources for legal research. It includes a link to a step-by-step video which explains how to prepare a Claim and Answer.
Every forfeiture victim needs this ebook immediately after their property is seized, while they are looking for a forfeiture lawyer. It explains in simple terms the federal forfeiture process – civil and criminal. It tells how to qualify for a court-appointed attorney, and what to do if you are forced to represent yourself. Criminal defense lawyers need it too, to avoid giving incorrect advice to their clients faced with forfeiture proceedings.
Asset forfeiture has risen from an obscure concept in the mid-1980s to a whopping profit-making industry for law enforcement agencies. Over 400 federal statues now trigger forfeiture, and every state has its own statutes as well. These statutes allow police to seize property - not just from criminal defendants, but from third parties such as parents, spouses, landlords, and lien-holders. Because there is no requirement that anyone be charged, much less convicted, large numbers of forfeiture cases are not even connected to a criminal proceeding.
The Appendix contains the complete text of the most important federal forfeiture statutes. These procedures are explained, with links to the statutes.
Forfeiture 101
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Forfeiture 101 is a comprehensive Continuing Legal Education course in federal civil and criminal forfeiture law and procedure jam-packed into a two hour video DVD. It includes all the basics defense attorneys and forfeiture victims need to effectively navigate complex federal forfeiture procedure and substantive law. It is so concentrated you may have to watch it a few times.
With over-400 forfeiture-triggering offenses prosecutors can use to forfeit property it was hard enough to keep up with substantive law, much less the procedure. The massive reforms of forfeiture procedure brought about by the Civil Asset Forfeiture Reform Act of 2000 added much needed due process protections for most types of forfeiture cases, but it made procedures extremely complicated and confusing. Even veteran forfeiture lawyers are sometimes unaware of, or even stumped by the labyrinthine process that now exists after CAFRA.
Lawyers taking on their first forfeiture case suddenly find that law school never prepared them for the maze of complex laws and arcane procedures based on in rem principles and the Supplemental Rules for Admiralty. This DVD also explains CAFRA's two sets of procedures, and how to tell which set applies to your statute. Forfeiture victims will find this DVD to be a godsend, especially for those forced to represent themselves because they can't afford counsel. The complex procedures and elements of forfeiture defenses are laid out in easy to understand, bulleted lists, similar to the concentrated outlines encountered in bar review courses. Citations to the statutes and cases referred to appear on the screen while they are being discussed.
This entertaining and informative two-hour DVD serves as a crash (or refresher) course in forfeiture law and procedure, as well as an interactive computer research tool. Pop the DVD in your computer and click the menu for the chapter you need to review. As you listen to a narrative overview of the issues, you can pause at any time and make notes of the elements and citations that appear on the screen.
Contents of FEAR's Forfeiture 101 DVD
Chapter 1: Dangerous Misconceptions About Forfeiture
Chapter 2: Historical Origins of Forfeiture's Quirky Procedures
Chapter 3: The Ever-Growing Number of Forfeiture Laws
Chapter 4: Defenses Against Forfeiture
Chapter 5: Which Track: Civil or Criminal Forfeiture?
Chapter 6: Civil Forfeiture: A Torturous, Treacherous Trail
Chapter 7: A Fork in the Path: CAFRA or Customs Procedures?
Chapter 8: An Alternate Route: Criminal Forfeiture
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FEAR's Asset Forfeiture
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FEAR's Brief Bank and
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FEAR's fully indexed and cross referenced Brief Bank & Private Collection contains over 250 sample pleadings, motions, briefs, sample discovery requests, and research resources. Also included is our Private Collection of asset forfeiture manuals obtained from the U.S. Department of Justice under the Freedom of Information Act, several comprising 200 pages or more, and a number of helpful law review articles that were donated by the authors.
Included manuals:
- Asset Forfeiture Policy Manual, 2006 (247 pages)
- Civil & Criminal Forfeiture Procedure, 2004 (over 200 pages)
- Money Laundering Statutes and Related Materials, Including Statutes Amended by the USA PATRIOT Improvement and Reauthorization Act, 2006 (121 pages)
- DOJ Guide to Interlocutory Sales and Expedited Settlement, 2003 (32 pages)
- Select Criminal Forfeiture Forms (75 pages)
- "Policy Regarding Disclosure of Exculpatory and Impeachment Information," excerpt from the U.S. Attorney's Manual, 2006
- "Policing for Profit: The Drug War's Hidden Economic Agenda," by Blumenson, Eric & Nilsen, Eva (University of Chicago Law Review, 1998, reprinted with permission of publisher)
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