Innocent owner defense
Encyclopedia
An innocent owner defense is a concept in United States
law
providing for an affirmative defense
that applies when an owner claims that they are innocent of a crime and therefore their property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code
and is part of the Code that defines forfeiture
laws and more specifically the general rules for civil forfeiture proceedings. It states that the "claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence".
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
providing for an affirmative defense
Affirmative defense
A defendant offers an affirmative defense when responding to a plaintiff's claim in common law jurisdictions, or, more familiarly, in criminal law. Essentially, the defendant affirms that the condition is occurring or has occurred but offers a defense that bars, or prevents, the plaintiff's claim. ...
that applies when an owner claims that they are innocent of a crime and therefore their property should not be forfeited. It is defined in section 983(d) of title 18 of the United States Code
United States Code
The Code of Laws of the United States of America is a compilation and codification of the general and permanent federal laws of the United States...
and is part of the Code that defines forfeiture
Asset forfeiture
Asset forfeiture is confiscation, by the State, of assets which are either the alleged proceeds of crime or the alleged instrumentalities of crime, and more recently, alleged terrorism. Instrumentalities of crime are property that was allegedly used to facilitate crime, for example cars...
laws and more specifically the general rules for civil forfeiture proceedings. It states that the "claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence".