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Forfeiture

A forfeiture proceeding is a civil action or proceeding, even if brought as part of a criminal case.

There are many grounds for forfeiture of assets, including money, under California Law and Federal Law.

Drug activity based forfeiture is the most common basis of asset forfeiture.

Under California Law, with certain exceptions, California Health and Safety Code 11740(f) provides that the following are subject to forfeiture as it pertains to drug activity:

  1. All moneys, negotiable instruments, securities, or other things of value furnished or intended to be furnished by any person in exchange for a controlled substance, [and] all proceeds traceable to such an exchange
  2. All moneys, negotiable instruments, or securities used or intended to be used to facilitate any violation of Section 11351, 11351.5, 11352,11355, 11359, 11360, 11378, 11378.5, 11379, 11379.5, 11379.6, 11380, 11382, or 11383 of [the Health and Safety Code], or Section 182 of the Penal Code, or a felony violation of [Health and Safety Code] Section 11366.8, insofar as the offense involves manufacture, sale, possession for sale, offer for sale, or offer to manufacture, or conspiracy to commit at least one of those offenses

    With certain exceptions, California Health and Safety Code ยง11740(e)provides that the following is subject to forfeiture:

    The interest of any registered owner of a boat, airplane, or any vehicle...which has been used as an instrument to facilitate the manufacture of, or possession for sale or sale of...[varied minimum amounts of:] heroin or cocaine base...a substance containing...heroin or cocaine base...Schedule I controlled substances...cocaine...or methamphetamine a substance containing cocaine...or methamphetamine, or Schedule II controlled substances.

    With certain exceptions, California Health and Safety Code 11470(g) provides that the following is subject to forfeiture: "The real property of any property owner who is convicted of violating [Health and Safety Code] Section 11366, 11366.5, or 11366.6 with respect to that property."

    Forfeiture may also result from other activities, including, illegal harboring of aliens, copyright infringement, mail fraud, bank fraud, identity theft, heath care fraud, counterfeiting, gambling, smuggling, and prostitution.

    Contraband is always subject to forfeiture.



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