Home > Frequently Asked Questions > What is the difference between civil and criminal forfeiture?
Forfeiture is the government seizure of property connected to criminal activity. In criminal forfeiture, the government takes property after obtaining a conviction, as part of the defendant's sentence. In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime. In theory, criminal forfeiture is a punishment, while civil forfeiture is remedial. Most forfeiture actions are civil.
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