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Not entirely sure I understand what you're saying, but I don't believe that's the how it works. Civil forfeiture is currently allowed because the property is "c
by MaxfordAndSons 9y ago
Not entirely sure I understand what you're saying, but I don't believe that's the how it works. Civil forfeiture is currently allowed because the property is "charged" with a "crime", and because it's not a person it doesn't have the same protections as people (i.e. innocent until proven guilty).
So the "innocence" of the property can't be proven, and thus it is forfeited. So rather than "He still could have gotten the $5000 from a crime", they're saying "The $5000 could still have been transacted in a crime", and the guilt or innocence of the person it was taken from is considered irrelevant.
- derefr 9y agoOne interesting contrast for this is in the legal requirements for dealing with counterfeit currency once it's discovered. That really does seem like a case where the person holding the money did nothing wrong, but the money must still be forfeited because the money itself is "doing something wrong" by being counterfeit.