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28 Cards in this Set
- Front
- Back
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 |
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 |
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 |
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 |
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. |
However, a reasonable disposition of possible or pending criminal charges should not be compromised to obtain a greater forfeiture of property.
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