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Prosecution and Defense of Forfeiture Cases

Prosecution and Defense of Forfeiture Cases

The most comprehensive treatise available on the substantive and procedural law of civil and criminal forfeiture.


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    Prosecution and Defense of Forfeiture Cases is the leading treatise on forfeiture law and practice, written by the country's top forfeiture lawyer. It has routinely been cited by the federal courts. The author, David Smith, helped draft the Civil Asset Forfeiture Reform Act of 2000 and other federal and state forfeiture laws. This treatise comprehensively covers federal criminal and civil forfeiture from A to Z.

    Chapter topics include: remission and mitigation; fines; restitution; victims' rights; federal forfeiture in narcotics, money laundering, structuring, Bank Secrecy Act, RICO, and alien smuggling cases; and New York, Florida, and Texas state forfeiture law. Valuable, practical suggestions and model forms are included throughout the treatise. Also included is an appendix of relevant federal statutes and regulations.

    I CIVIL FORFEITURE
    Chapter 1 The Role of Forfeiture in Law Enforcement
    Chapter 2 The Nature and Origins of In REM Forfeitures
    Chapter 3 Scope of Civil Forfeiture
    Chapter 4 Civil Forfeiture in Narcotics Cases
    APPENDIX 4 UNIFORM CONTROLLED SUBSTANCES ACT (1994)
    Chapter 5 Other Civil Forfeiture Statutes
    Chapter 6 Administrative Forfeitures
    Chapter 7 Agency Authority To Terminate or Settle Forfeiture Proceedings and Equitable Sharing
    Chapter 8 Preserving the Value of Property Subject to Forfeiture After Seizure
    Chapter 9 Commencement of Civil Forfeiture Proceedings
    Chapter 10 Civil Forfeiture Proceedings--Pretrial
    Chapter 11 Civil Forfeiture Proceedings--Trial
    Chapter 12 Defenses to Civil Forfeiture

    II CRIMINAL FORFEITURE
    Chapter 13 The Nature and Scope of Criminal Forfeiture
    Chapter 14 Procedure in Criminal Forfeiture Cases

    III REMISSION AND MITIGATION
    Chapter 15 Remission and Mitigation--Administrative Relief From the Harshness of Forfeitures

    IV STATE FORFEITURE STATUTES
    Chapter 16 New York Forfeiture Law
    Chapter 17 The Florida Contraband Forfeiture Act
    Chapter 18 Civil Forfeiture Under Chapter 59, Texas Code of Criminal Procedure
    Chapter 19 [Reserved]

    V FINES AND RESTITUTION
    Chapter 20 Fines and Restitution

    VI APPENDIX OF STATUTES AND REGULATIONS
    Appendix of Statutes and Regulations

     

    David B. Smith


    David B. Smith is a partner in the firm of Smith & Zimmerman, PLLC in Alexandria, Virginia. He specializes in the defense of federal criminal cases, as well as seizures and forfeitures. In his 1996 book on the controversy over forfeiture, A License to Steal, Professor Leonard W. Levy described Mr. Smith as "the nation's foremost authority on forfeiture." Mr. Smith is Chair of the Forfeiture Committee and a member of the Board of Directors of the National Association of Criminal Defense Lawyers. He is also a frequent lecturer on forfeiture developments and has appeared on many television and radio talk shows.

    Mr. Smith assisted Congress in drafting some of the most important federal forfeiture statutes, including the Civil Asset Forfeiture Reform Act of 2000 (CAFRA). He also helped the Advisory Committees on Criminal and Civil Rules write the federal criminal and civil rules governing forfeiture procedures. He is also an expert on restitution and criminal fines, the RICO statute, and victims' rights, all of which are covered in his forfeiture treatise. He has argued over 100 federal criminal and civil appeals in all circuits and participated in the litigation of several U.S. Supreme Court cases dealing with forfeiture issues.

    Before entering private practice, Mr. Smith, a graduate of Yale Law School, was Deputy Chief of the Asset Forfeiture Office, Criminal Division of the United States Department of Justice, and an Assistant United States Attorney in the Eastern District of Virginia, where he prosecuted procurement fraud and other white collar cases. He received the NACDL President's Commendation Award in 1993 and 1994. He served as a part-time associate Independent Counsel in the investigation of former Secretary of Agriculture Michael Espy in 1995.

     

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