Loterre: SAGE: civil forfeiture

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civil forfeiture

Originating under the ancient fiction that the property involved in an illegal activity has violated the law, civil forfeiture proceedings advance in rem; that is, against any property that is employed as an instrumentality of crime, or that is engaged in facilitating criminal behavior, or that results from criminal activity. Today, although property is designated the defendant, the in rem construction of civil forfeiture proceedings is a matter of prosecutorial and administrative expediency. [Source: Encyclopedia of White-Collar and Corporate Crime; Civil Forfeiture]

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