When Is Confiscation Illegal?

Confiscation is the taking of private property for public use without compensation. It may occur legally when the government seizes property used in illegal practices, such as a boat used to smuggle illegal drugs. Confiscation may also be referred to as forfeiture.

Can a person be confiscated?

To convict a person of a crime, the government must prove “beyond a reasonable doubt” that the person committed the crime. However, for the government to win a forfeiture case to keep seized property, it only needs to prove that the property was probably (more likely than not) involved in a crime.

What can be confiscated?

Federal law allows law enforcement agencies and prosecutors to seize property, including money, from people convicted of certain federal crimes, such as drug trafficking, money laundering, and organized crime. The seizure is known as "forfeiture," and it's done without compensation to the owner.