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Government Asset Seizure

Government Asset Seizure

Whenever there is criminal activity associated with a specific currency or individual items that may be sold for criminal intent or involved in a crime, the government allows for a seizure of the money or items.  These days the most of asset seizures that occur are civil based and not criminal based seizures.  If a seizure occurs civilly, then the government can then use the information from the object to show that it was used in a criminal act.

As the government goes to seize an item from someone, they have to give the owner of the object a 35-day notice to prepare the item and file a claim.  The claim is through the seizure agency to protect their property in court.  U.S. attorney has 90 days to review the claim and file a civil complaint.  The owner then can submit an ownership interest in 35 days after this.

Asset seizures are dependent on what happened or how the object pertains to the crime.  For a court to seize an object, they don’t even have to have “beyond a reasonable doubt” they can now have “balance of probabilities” which means they can now seize assets with the slightest inclination that the asset has something to do with a crime or illegal activity.  Some people are saying that the U.S. is overstepping its boundaries when it comes to the seizure of assets, but in all reality, they have had a massive impact on organized crime groups. The U.S. government is also now backing this because it has had such an impact.

The government can seize just about anything that they suspect of being involved in illegal activity or a crime.  The owner has to give the object up to even be possibly used in the court of law.  Some people believe that this is now overstepping boundaries when in all reality if the object is involved in a crime, the government should have the rights to it.  It is no different than if someone is suspected of a crime, and the government has the right to hold them in a cell.

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