Cash forfeiture and the meaning of draconian
I was due to represent a client in a cash forfeiture hearing this week, although it has been called off at the last minute. But, I thought I’d take the opportunity to say a few words about these proceedings. The point of the various financial seizure/forfeiture/confiscation orders is for the authorities to deprive criminals of cash found in their possession. There are a few ways this can be done. Confiscation proceedings follow a conviction for certain offences, such as drug dealing, money laundering, etc. Put very simply, in confiscation proceedings the prosecution must show that a) the convicted criminal has benefited from crime to a value of X; and b) that he has realisable assets (in other words has cash or can sell goods) to the value of Y. The court will then make an order that the defendant owes X but that he must pay Y wherever X is greater than or equal to Y. Obviously if he can pay the total benefit figure (X) then he must pay that...