If one is arrested while gambling in New York, funds may be confiscated and earnings? The mandate is for racketeering and extortion, money the suspect is to play with can be attributed to recent crimes.
Yes ...........
Every state has laws Forfeiture now. Basically, if you are involved in a criminal enterprise being the product of this company may be seized by the government (or Fed, by making the investigation) and submitted to the government.
He went around the right approx. 20 years ago. It was a law to punish those involved in organized criminal activity, be it gambling, drugs, prostitution or any other lucrative criminal scheme. This measure aims to paralyze the accused taking away their goods and / or in cash.
This can also be used to capture large amounts of money from people who have links with criminal activity and no evidence to prove where the money came from. The IRS also uses this right to seize property and money from tax evaders or any person who has lots of money and they did not assert any evidence to obtain legally.
Once the property or money is seized, the govenment sets up forfiture civil hearings. The accused then has the right to attend and fight against the forfieture. Most of the time, they do not deny it or fight it.
Why? Because they can not prove the money from legal means and also all testimoney civil court can then be used in later criminal prosecution. The accused does not give all the cards .. Then they eat the loss.
In addition, most federal laws to deal with drug or racketeering trafficing carry very, very stiff mandatory minimum sentances.
For example .......... Trafficing armies of heroin? Minimum mandatory 25 years in federal prison!
They will lose the property .......... They do not want to lose the freedom 25 years ago.
Great answer, thank you! Flag
Yes you can.
Posted on June 15, 2010.
