These days most federal prosecutions include forfeiture efforts, which are based on arcane precepts rooted in maritime law. Forfeiture has become lucrative, with the U.S. Department of Justice estimating that its asset forfeiture fund managed property valued at roughly $4.4 billion last year, according to a report on the DOJ website, “Assets Forfeiture Fund and Seized Asset Deposit Fund Annual Financial Statements Fiscal Year 2012.”
These criminal investigations not only threaten a company’s morale and reputation, they can result in the imprisonment of key personnel and the deprivation of significant company assets. Without hyperbole, forfeitures can prove malignant, even fatal, to a company.
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