Will You Sweep Away the Righteous with The Wicked?’ Third-Party Rights in Forfeiture Law

Abstract

Forfeiture, a potent tool in law enforcement’s battle against crime, especially organized activities, raises a legal conflict involving third parties’ rights. This includes the offender’s family, investors, creditors, property owners, and victims. Balancing criminal law objectives with civil property rights, this study explores the tension arising from forfeiture affecting innocent parties. It argues for a guided approach to forfeiting third-party property based on legal theories, seeking an optimal balance point that respects the rights of these parties. The study aims to conceptualize a cohesive theory for third-party rights in forfeiture law, enhancing judicial decisions and achieving a refined equilibrium between forfeiture crime-fighting efficacy and the protection of innocent parties.