Steven L. Kessler’s article discussing the recent revisions to New York’s primary civil forfeiture statute was published in the New York Law Journal.
New York’s Major Revisions to the Civil Forfeiture Laws 2019 was an important year for civil forfeiture law in New York. This year, the Legislature enacted changes to the statute that should substantially reduce major areas of abuse. These changes, the first significant revisions to the statute since 1990, limit pretrial restraint to tainted property, restrict the use of money judgments, eliminate “common scheme […]
Applying the Brakes on a Runaway Train: Forfeiture and Recent Supreme Court Developments
Forfeiture. Miriam-Webster defines the word as”the act of forfeiting: the loss of property or money because of a breach of a legal obligation.”Relatively straightforward. But in the legal profession, it is the part of a client’s sentencing that turns some of the finest criminal defense attorneys into frightened first-year law students. Many flee the scene or inform the client to “Jet the property go” […]
