The Financial Crimes Enforcement Network (FinCEN) has announced that it is considering requiring disclosure rules that could effect millions of Americans. The scariest proposal is that would require financial institutions to require disclosure from “all entities that are established or organized under the laws of a state or of the United States, including corporations, limited liability companies, limited partnerships, and [...]
Daniel R. Alonso, Chief ADA in the NY County District Attorney’s Office has authored a rebuttal to Thomas O’brien’s concerns regarding New York’s new forfeiture bill. He points out that substantial process concerns have been added, at the suggestion of state prosecutors. He’s right. But that isn’t the right question. It’s not sufficient to add process concerns. The additional process concerns [...]
The revised version of New York’s post-conviction forfeiture proposal adds substantive process concerns echoing some of the good parts of CAFRA and addressing some of the criticisms that we’ve been leveling. The revisions still need work though. The revisions haven’t addressed the warrant exception language. 6 3. ANY PROPERTY SUBJECT TO FORFEITURE UNDER THIS [...]
New York Governor Andrew Cuomo has presented a bill to amend New York forfeiture laws as part of his 2012-2013 budget proposal. We categorically oppose the bill. The worst part of the bill would allow courts to forfeit any property that is somehow involved in an offense if the person charged with the offense jumps [...]
