When is it used?
This content delves into civil forfeiture procedures, such as seizing property, filing complaints, and establishing innocence defenses. It also discusses scenarios for utilizing civil forfeiture, like cases involving unopposed forfeitures, defendants who are deceased or fugitives, and more. Real-life cases, like the Prevezon/Magnitsky case and the Doraville Properties seizure, provide insight into the practical application of civil forfeiture laws.
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Presentation Transcript
Workshop 20 NCB Forfeiture: What is it; When is it used? Stef Cassella Jeff Simser Evelyn Sheehan 1
Civil Forfeiture Procedure Seize the property File a complaint Send notice Claimant files a claim; Discovery Motions / trial Claimant must establish standing Government must establish forfeitability Claimant must establish innocent owner defense 2
When to use civil forfeiture 1. Forfeiture unopposed 2. Defendant dead or incompetent 3. Fugitive or foreign national 4. Statute of limitations 5. Wrongdoer unknown 6. Convicted of a different crime 7. Convicted in another court 8. Interests of justice 9. Standard of proof 10. Defendant used third party s property 11. Delay in the criminal case 3
Prevezon / Magnitsky Case Proceeds of Russian Fraud Apartments in New York 4
United States v. Prevezon Holdings, Ltd., 251 F.Supp.3d 684 (S.D.N.Y. 2017) 3 shell companies at 2 Russian banks 14 shell companies at 9 Russian banks 4 shell companies Bank de Economii (Moldova) Bank de Economii (Moldova) 2 shell companies Bank Krainy Sever (Russia) NZ company Danske Bank (Estonia) BVI company Danske Bank (Estonia) BVI Prevezon Holdings UBS Switzerland company Ukia Bank (Lithuania) 5
Abacha $ 4 Billion 6
United States v. All Assets Held in Account Number 80020796 (Doraville Properties), 299 F. Supp.3d 121 (D.D.C. 2018) Jersey $287 Million Doraville Properties Corporation 7
Senders Bank United States v. All Wire Transactions Involving Dandong Zhicheng Metallic Material Co., Correspondent Bank in New York 2017 WL 3233062 (D.D.C. May 22, 2017) Chinese Bank Chinese Bank Chinese Company 8
