Category Archives: Civil Asset Forfeiture
New York City’s Scofflaw Law Requires a Hearing to Meet 14th Amendment Due Process Concerns
Mercedes-Benz lawsuit reveals how NYC’s Scofflaw law violated the 14th Amendment rights of secured creditors.
Apr
What is The Standard for Proving Forfeitability in Illinois Today?
Illinois now requires preponderance of evidence to prove forfeitability, marking a shift in the standard...
Nov
Unpaid Parking Tickets and Vehicle Forfeiture: Legal Insights from O’Donnell v. City of Chicago
The O'Donnell v. City of Chicago ruling clarifies vehicle forfeiture's legality for unpaid parking tickets...
Oct
Lien Holders Must Receive Notice of Seizure But Consequential Damages Are Unlikely
In TD Auto Fin. LLC v. County of Putnam, the court emphasizes lienholder notice requirements...
Sep
The Doctrine of Laches: Ensuring Compliance with State Lien Law and Timely Notice to Lien Holders
The Toyota Lease Trust case illustrates how the doctrine of laches impacts garage liens, focusing...
Sep
The United States Supreme Court Holds A Timely Forfeiture Hearing Must Be Conducted But A Separate Preliminary Hearing is Not Constitutionality Required
Supreme Court rules timely forfeiture hearing is required, but a separate preliminary hearing is not....
Jun
U.S. Attorney’s Office Collected More Than $60 Million in Civil, Criminal, and Asset Forfeiture Actions in Fiscal Year 2023
U.S. Attorney’s Office collected over $60 million from criminal, civil, and asset forfeiture actions in...
Mar
US Supreme Court Hears Arguments on Constitutionality of Seizures Held Without Hearing Within a Reasonable Period
The US Supreme Court hears arguments in Culley v. Marshall on the constitutionality of warrantless...
Dec
Sixth Circuit Finds Wayne County’s Forfeiture Program Unconstitutional
Sixth Circuit strikes down Wayne County's forfeiture program for violating due process. Case Ingram v....
Sep
Illinois Requires Seized Vehicle to be “within” county’s borders to confer in-rem jurisdiction
Illinois Appellate Court ruled that for forfeiture jurisdiction, a seized vehicle must be within state...
Sep