Law Applicable to Asset Forfeiture
If gov. starts case after 60 days prop. Must be returned, State v. Gill,
11 P.3d 1043 (Ariz.App. 2000).
Verified Petition for Remission or Claim must contain (1) The Caption. (2)
Have Claimant’s address. (3) Explain Claimant’s interest in the property. (4)
Explain when and how Claimant acquired the property. (5), (6) & (7) Give legal
reasons and facts why the property is not subject to forfeiture and (8) Request
the relief sought, ARS 13-4311.E. 1-8.
The requirements of A.R.S. 13-4311.E. 1-8, must be strictly followed or
Claimant’s case will be dismissed, Matter of $70,169.91 in U.S. Currency,
172 Ariz. 15 (Ariz.App. 1991).
The Fourth Amendment applies to forfeiture cases, U.S. v. $191,910.00,
16 F.3d (9th Cir. 1994).
Hearsay is admitted in a forfeiture case if reliable, Matter of One,
176 Ariz. 294 (Ariz.App. 1993).
The government has the initial probably cause burden of proof, thereafter
Claimant must prove his property is not forfeitable, U.S. Currency Amount of
$315,900.00, 183 Ariz. 208 (Ariz.App. 1995).
The innocent owner defense does not allow property to be forfeited unless
“the owner had some connection with the unlawful act (In re One 1965 Ford
Mustang, 105 Ariz. 293, 301 (Ariz. 1970)).”
Forfeiture can be punitive and not remedial, State v. Leyva, 184 Ariz.
439 (Ariz.App. 1995).
When a civil sanction is imposed after a criminal sentence, Double Jeopardy
is violated if the civil sanction is grossly disproportionate to the crime,
United States v. Halper, 490 U.S. 435 (1989).
Prosecution can be stopped by a forfeiture, Fitzgerald v. Superior,
173 Ariz. 539 (Ariz.App. 1992).
