The real theives are the theives we made along the way.
(media.scored.co)
oh look it's the language bastardizer pkvi
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1 year ago
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In theory the forfeiture makes sense. Let's say I run a Ponzi scheme and run off with $100k. I get caught a couple days later. What about the big pile of cash I have? Is that evidence? What if I give it to a lawyer to defend myself in court? Win or lose the money is gone.
In that case you have been charged with a crime. The money can be argued to be the "stolen" money. In most civil forfeiture cases they simply take the money from any random person and the money is basically charged as criminal. Then it is up to the involved party to prove the money was obtained legally. The burden of proof is shifted from the state to the person they are making the confiscation against. It's not even handled the same in regards to seeing a judge. They can just deny to hear you.
In your case, the $100k you stole through a Ponzi scheme is subject to forfeiture because it represents proceeds of illegal activity.
The money would likely be considered evidence as it directly ties to the crime.
If you gave it to a lawyer for your defense, depending on the jurisdiction and timing, the court might consider the funds tainted, and they could still be subject to forfeiture. Also, lawyers are generally not allowed to be paid with proceeds from criminal activities, and the funds could be seized even after being transferred to a lawyer.
The money would likely be considered evidence as it directly ties to the crime.
If you gave it to a lawyer for your defense, depending on the jurisdiction and timing, the court might consider the funds tainted, and they could still be subject to forfeiture. Also, lawyers are generally not allowed to be paid with proceeds from criminal activities, and the funds could be seized even after being transferred to a lawyer.
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