Alex Willscher co-authored a chapter in the White Collar Crime: Business and Regulatory Offenses treatise. Alex’s chapter, “Civil and Criminal Forfeitures” addresses the U.S. asset forfeiture and restitution regimes, recent Supreme Court jurisprudence, and current developments in the area, including the extraterritorial application of U.S. forfeiture laws; the requisite mental state the Government must prove in order to seize assets from third parties such as financial institutions; and the definition of “proceeds” that the Government is permitted to forfeit from a defendant. The chapter also analyzes whether the current array of statutes, jurisprudence, and U.S. Department of Justice policy serve the objectives of the asset forfeiture regime. Sharon Cohen Levin, Hugh Hamilton, and Lisabeth Mendola-D’Andrea provided invaluable assistance with the chapter.
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