Steven L Kessler

September 25, 2019 | New York Law Journal

2019 was an important year for civil forfeiture law in New York. This year, the Legislature enacted changes to the statute that should substantially reduce major areas of abuse.

By Steven L. Kessler

15 minute read

August 17, 2017 | New York Law Journal

Steven L. Kessler writes that with the enactment of the Civil Asset Forfeiture Reform Act of 2000, Congress sought to steer federal prosecutors to criminal forfeiture over civil, believing that the risk of abuse would be reduced because a criminal conviction is required before a defendant's property can be forfeited. Unfortunately, it turned out that greater reliance on criminal forfeiture increased abuses in that area as well. The Roberts-led Supreme Court hinted at some dissatisfaction with the state of criminal forfeiture law in recent decisions, but the rifle shot came in its June 5 decision in 'Honeycutt v. United States'.

By Steven L. Kessler

14 minute read