Tag Archives: Jeff Sessions

Back to the Future (Part II) – The Expansion of Civil Asset Forfeiture

By Michael E. Clark and Amanda L. Bassen

In yet another modification by the Department of Justice (“DOJ”) to Obama administration policies, on July 19, 2017, Attorney General Jefferson Sessions announced a policy reviving the criticized civil asset forfeiture practice that allows the DOJ to forfeit assets seized by state or local law enforcement.  The Attorney General’s order (the “Order”) authorizes the federal forfeiture of property seized under state law by state and local law enforcement agencies when alleged criminal conduct purportedly violates federal law (referred to by the DOJ as “federal adoption”).  The Order allows for the seizure of cash and other personal property from individuals suspected of crimes, but not yet convicted or charged.  Continue reading Back to the Future (Part II) – The Expansion of Civil Asset Forfeiture

Back to the Future

By Michael E. Clark and Amanda L. Bassen

On May 12, 2017, Attorney General Jeff Sessions issued a memorandum, dated May 10, 2017 (the “Sessions Memorandum”), ordering stricter charging and sentencing policies to the Department of Justice (“DOJ”) in conducting federal prosecutions.  The Sessions Memorandum announced that the DOJ must charge and pursue “the most serious, readily provable” offenses.  Attorney General Sessions defined such offenses as those carrying the greatest sentence under the United States Sentencing Guidelines (“USSG”), including sentences carrying mandatory minimum terms of incarceration.  Continue reading Back to the Future