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Third, criminal forfeiture statutes are not comprehensive.Some cases must be done civilly simply because there is no criminal forfeiture statute.
Within the federal prosecutor's office, the Financial Litigation Unit (FLU) works to uncover any assets the crook may have that could be sold, seized, or forfeited to satisfy the restitution debt.
A fraud ring fraudulently marketed foreign lottery products to the elderly, some of whom lost tens of thousands of dollars.
Civil forfeiture laws were used to seize approximately .4 million they had hidden in U. investment accounts held in the names of Cayman Island corporations.
Worse still, they then provide that the losing party to a lawsuit must pay all of the victor's expenses, including attorneys' fees.
As such, the process may prove prohibitively expensive for an individual creditor when the potential reward is so uncertain.
Second, a majority of forfeiture cases are uncontested, often because the defendant sees no point in claiming property that connects him to the crime.
Civil forfeiture allows disposal of these cases administratively.
Fifth, criminal forfeiture is limited to the property of the defendant himself, not associates or family members who may have taken possession of the assets.
Some examples: The civil forfeiture of ,039 from an alleged charity granting the last requests of dying children was seized and given to real charities doing such work.
Seasoned litigators know that it is one thing to obtain a judgment and quite another to collect it.
As a tool to preserve wealth, offshore trusts are effective because a creditor with a U. judgment will still face significant hurdles before actually being able to get any of the trust's assets.
Even the process of having to notify all the victims in a big fraud case is an overwhelming undertaking.