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Asset Forfeiture

DOJ Reaffirms Aggressive Prosecution of Corporate Crime

Last fall Deputy Attorney General Lisa Monaco announced the Department of Justice’s more aggressive approach to corporate compliance. In her policy speech this week, she highlighted a series of new policies and warned cooperating companies not to slow walk their disclosures, told prosecutors to speed up their investigations and expanded self-reporting programs throughout the [...]

By |2022-09-21T09:52:36-04:00September 16th, 2022|Asset Forfeiture, Business Fraud, Criminal Appeals, Criminal Charges, Criminal Investigation, Criminal Trial, Search and Seizure, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on DOJ Reaffirms Aggressive Prosecution of Corporate Crime

A Federal Restitution Order Leads to Garnishment of the Defendant’s Bank, Retirement and Stock Accounts

Courts uphold federal government’s ability to seize a convicted defendant’s 401(k) accounts to satisfy an Order of Restitution after a conviction at trial or a guilty plea.

Collateral Consequences of a Criminal Conviction

When someone pleads guilty or is convicted of a federal or state crime, there are serious collateral consequences, in addition to potential jail time, forfeiture, restitution and other fines and penalties.  The term ‘‘collateral consequence’’ means a collateral sanction or a disqualification, a penalty, disability, or disadvantage that is imposed by law as a [...]

By |2022-09-21T09:55:59-04:00February 2nd, 2022|Arrest Warrant, Asset Forfeiture, Convictions, Criminal Charges, Federal Courts, Federal Plea & Sentencing Mitigation, Felony, Plea Bargaining, Prison|Comments Off on Collateral Consequences of a Criminal Conviction

Embezzlement, Employee Theft and Criminal Forfeiture

Chief Financial Officers, Account Managers and bookkeepers all, to vary degrees, are trusted employees who have access to corporate funds. Access to company funds, with little or sporadic oversight, can leave a company vulnerable to a variety of fraudulent schemes to obtain funds those employees were not entitled to. Common schemes include: The trusted employee [...]

By |2022-01-11T18:20:19-04:00January 11th, 2022|Asset Forfeiture, Business Fraud, Criminal Charges, Criminal Investigation, Criminal Trial, White Collar Criminal Defense, White-Collar Crime Penalties|Comments Off on Embezzlement, Employee Theft and Criminal Forfeiture

You’re Charged with a Crime, and the Prosecutor Wants to Forfeit Your Car, Cash or Home

Police and prosecutors around the country routinely seize and forfeit cars, boats, money, computers, guns and homes that were “used in, or facilitated, the criminal activity charged.” While many cases involve significant crimes and the forfeitures are justified, too often the person is charged with fairly low-level drug sales and their car is seized if it was used to transport the drugs during the sales. The federal and state governments argue that forfeitures are simply part of the cost of the criminal’s conduct and work as a separate fine on the illegal activity. These fines and forfeitures are often used to supplement local and state budgets, including those of the very agencies that seized and forfeited the property.

By |2021-05-25T18:13:13-04:00December 11th, 2018|Asset Forfeiture, Search and Seizure|0 Comments

NJ Legislature Seeks to Rein in Civil Forfeitures

On December 19, 2016, the New Jersey Assembly and Senate unanimously passed a much-needed civil forfeiture reporting bill that, if signed into law by Governor Christie, would shed light on a much-criticized practice in which law enforcement agencies reap huge profits by seizing property “connected” to criminal activity, even in cases where no one has been charged with or found guilty of a crime.CivilAssetForfeiture.jpg

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