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Subdivision (c)(2) provides for the entry of a final order of forfeiture at the conclusion of the ancillary proceeding.
Subdivision (e) makes clear, as courts have found, that the court retains jurisdiction to amend the order of forfeiture at any time to include subsequently located property which was originally included in the forfeiture order and any substitute property.
1995) (court retains authority to order forfeiture of substitute assets after appeal is filed); United States v. Voigt, 89 F.3d 1050 (3d Cir. 1996) (following Hurley; court may amend order of forfeiture at any time to include substitute assets); United States v. Thompson, 837 F. Supp.
463 (E.D. Va. 1994) (Moffitt I) (indictment need not list each asset subject to forfeiture; under Rule 7(c), this can be done with bill of particulars); United States v. Voigt, 89 F.3d 1050 (3rd Cir. 1996) (court may amend order of forfeiture at any time to include substitute assets).
The new subparagraphs add considerable detail regarding the oral announcement of the forfeiture at sentencing, the reference to the forfeiture order in the judgment and commitment order, the availability of Rule 36 to correct the failure to include the forfeiture order in the judgment and commitment order, and the time to appeal.
Bidwell said that more plaintiffs are likely to be added to the suit and hopes that through the discovery process the government, which has until 9 July to provide a response, will reveal more data about the sums and number of people affected by asset forfeiture at the border.
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Cities have increased asset forfeitures at a time when their budgets were being slashed and some appear to have improperly budgeted for future forfeiture revenue, said the report, which called for federal audits of cities as well as legal reform.
With about 25 employees, Ms. Levin's asset forfeiture operation at the United States attorney's office is the largest of its kind.
Prosecutors said in the indictment that the US also intends to seek the forfeiture of at least $14bn in money and property from Guzmán.
His office is an arm of the White House and has a vast array of federal law enforcement and regulatory agencies as well as antidrug and forfeiture laws at its disposal.
Civil forfeiture laws at the federal level and in 42 states, however, dangerously shift law enforcement priorities instead toward policing for profit.
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