- Mar 20, 2010
It also applies to assets used in the commission of a crime. In this case, since the idea seems to be that students were signing up to an allegedly clearly fake university (with astoundingly low fees and no course catalog) as a way to get into the country dishonestly in order to illegally immigrate, the funds used to do so would be being used in perpetrating the alleged crime, and thus also forfeit.Agema said:I'm not against asset forfeiture in terms of proceeds of crime, but I think there's a requirement to demonstrate that assets to be seized have been gained through criminal activities. Paying a fee to a bogus university is in no way a profit from crime: quite the opposite, it is being the victim of fraud.Schadrach said:Property used in or purchased with the proceeds of crime are forfeit. Welcome to asset forfeiture, that thing that's why the police occasionally have to auction off all their drug dealer cars (the car might possibly have been bought with drug money, therefore it's forfeit and sued over that fact, typically the car loses the suit and ends up in the hands of law enforcement). If you can't guess, asset forfeiture is kind of bullshit.
As for the requirement to prove that assets seized were gained from or used in a criminal act, they do that by suing the property in question directly, under a preponderance of the evidence standard (which yes, does mean that being found not guilty of dealing drugs doesn't mean your car won't be found liable for having been bought with drug money because the latter allows a lot more room for doubt). Since lawyers are expensive, it typically costs around $10k per item seized and you probably have more pressing legal issues while this is happening.