Forfeiture & Restitution Presentation

Forfeiture & Restitution
by Hope C. Lefeber, Esquire

Forfeiture In A Nutshell

  • Legal process that allows the federal government to take “ill gotten gains” from the defendant
  • Inserted into numerous federal statutes and is mandatory for over 200 federal crimes
  • Gross Proceeds at time of commission of the offense may be forfeitable
  • Process begins immediately after sentencing
  • Proceeds go to government, not victim

Restitution in A Nutshell

  • Legal process that compels the Defendant to pay the victim as part of their criminal sentence.
  • Mandatory Victim Restitution Act (“MVRA”), 18 U.S.C. Section 3663 and3663A
  • Restitution mandatory in any offense against property, including any offense committed by fraud and deceit or an offense under 21 U.S.C. Section 856(a)(drug-involved property)
Categories: Search and Seizure