Forfeiture

Forfeiture is similar to restitution or fines in that the defendant suffers money damages as a result of criminal conviction. However, forfeiture attaches to the object itself (money, boat, car, stereo) and is seen as a punishment for violation of the law. Forfeiture is a popular tool for federal prosecutors in RICO cases (Racketeer Influenced and Corruption Organizations Act) and the Continuing Criminal Enterprise Law. Forfeitures that are disproportionate may be subject to challenge under the Excessive Fines Clause of the Eight Amendment to the United States Constitution.

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See Sentencing