Attorney General Guidelines, Asset Forfeiture

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TQ
Asset Forfeiture.
When the prosecuting agency seeks to forfeit real property in residential use. What means shall be employed to preserve the property for forfeiture

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Least intrusive

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What is an order restraining alienation

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Notice of a lis-pendens

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TQ
What should suffice to preserve the government interest in forfeiture pending final judicial determination of the forfeiture action

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Lis-pendens

REMEMBER LIS-PENDENS MEANS TO STOP

(ALIENATION) MEANS SELL IT, MORTGAGE IT, ENCOMP

EX- YOU WANT TO PROTECT THE TITLE FOR FORFEITURE (SUB-STATION)

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This policy of asset forfeiture recognizes that immediate dispossession from a residence may affect the

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Innocent individuals

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What is not always required to preserve the property for forfeiture

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Dispossession

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What is afforded special significance in American jurisprudence

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The home

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$ In cases in which public health, safety or welfare is at risk, full seizure may be accomplished upon obtaining what

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Judicial sanction

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What approval is required for forfeiture of certain property

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Court approval

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In all cases of real property or property having a value of $10,000 or more. Where must be filed

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In Superior Court

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This forfeiture action shall proceed by taken complaint filed in Superior Court is authorized by what statute

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2C: 64 – 3

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What will this policy sure for property having a significant value that a subject for forfeiture

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A record is established

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Who is a neutral judicial officer

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A Superior Court judge

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What can this Superior Court judge, who is a neutral judicial officer, do for parties asserting interest in the property

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Adjudicate claims

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What is a remedy that seeks to take him lawfully obtained proceeds of criminal activity

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Forfeiture

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Forfeiture also seeks to take what which are used to aid in criminal activities

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Instrumentalities

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In the case of proceeds the limit of the forfeiture remedy is defined by the prosecuting agency's ability to prove what

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The nexus between instrumentalities

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What does Nexus mean

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The putting together

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Not only does the prosecuting agency have to prove the nexus between instrumentalities, but to what also

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Degree they are employed

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They also want to know to what degree they are employed in ___________

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Any criminal transaction or enterprise

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Prosecuting agencies also want to know the importance of the instrumentality was to accomplishing the ______ _____

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The illegal end

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What should all be evaluated in determining whether the should be employed to its full limit

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Seriousness of the illegal activities

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Is it legitimate to negotiate a forfeiture settlement when negotiating a criminal disposition

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Yes

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$ However, what should not be compromised to obtain a greater forfeiture of property

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A reasonable disposition of possible or pending charges

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Side note says

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No Monty Hall

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PH
3) Forfeiture and The Underlying Criminal Offense
Forfeiture is a remedy that seeks to take unlawfully obtained proceeds of criminal activity and to take

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instrumentalities used to aid in criminal activities.

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PH
In the case of proceeds, the limit of the forfeiture remedy is defined by the prosecuting agency’s ability to prove the

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nexus between instrumentalities,

the degree to which the instrumentality is employed in

any criminal transaction or enterprise,

[and] the importance of the instrumentality to accomplishing the illegal end[.

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Also,] the nature and seriousness of the illegal activities should all be evaluated in determining whether the

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forfeiture remedy should be employed to its full limit.

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TQ
(4) Disposition of Forfeiture and Criminal Charges Not Dependent
It is legitimate to negotiate a forfeiture settlement when negotiating a criminal disposition.

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However, a reasonable disposition of possible or pending criminal charges should not be compromised to obtain a greater forfeiture of property.