Federal Forfeiture Law’s Expansionary Trend: Implications for the Targets of White-Collar Crime & Enforcement

The United States has adopted a broad set of forfeiture statutes designed to disgorge illicit proceeds generated through criminal activity. When many of these laws were adopted by Congress in 1984 the idea was to target property that represents the profits from illegal activity. S. Rep. No. 98-225, at 84 (1984), reprinted 1984 U.S.C.C.A.N. 3182, 3267. The level of power provided to the federal government to enforce its forfeiture laws is vast. Along with the complex criminal and civil procedure issues presented, it can be difficult to grasp how to respond when confronted with a forfeiture claim civil or criminal. It is important to understand that forfeiture is a proceeding against property. This allows the government to seek forfeiture through a criminal, civil, or parallel criminal and civil actions. In a criminal case, forfeiture is a form of punishment directed at the convicted person. See e.g., 18 U.S.C. 982 (a)(1)

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Paternity Paradox

Court of Special Appeals of Maryland Considers Fatherhood, Donated Embryos, and In Vitro Fertilization Sieglein v. Schmidt, No. 2616 Sept. Term. 2013, 2015 WL 5021392, at *2 (Md. Ct. Spec. App. Aug. 25, 2015) Held: The Court of Special Appeals of Maryland affirmed an order of the Circuit Court for Harford County finding that the father was in fact the legal parent of minor child, despite the fact that child had been conceived through in vitro fertilization (IVF) via donated sperm and egg during the marriage. Facts: Parties met on a dating website and, each bringing children from prior relationships, were married shortly thereafter. Prior to meeting his new wife, father had a vasectomy, and during their months dating had expressed his desire not to have any more children. Despite this, following their marriage, mother expressed a desire to have another child. Father refused to undergo a reversal of the

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