200. The U.S. has parallel civil (in rem) and criminal (in personam) forfeiture systems, which provide
for the forfeiture of both the instrumentalities and proceeds of crime. Administrative forfeiture can also be
applied under certain conditions.
201. Criminal forfeiture (18 USC 982) is dependant on the conviction of the defendant and is imposed
concurrently. The burden of proof in money laundering cases requires that both the government and
claimants (persons contesting the forfeiture) establish their respective claims by a preponderance of the
evidence. In addition to the specific and express penal provisions of 18 USC 982, property is subject to
criminal forfeiture in all cases where civil forfeiture is provided for [Civil Asset Forfeiture Reform
Act 2000 (CAFRA), 28 USC 2461(c)].
202. Civil forfeiture actions (18 USC 981) are not conviction-related and are instituted against the
offense-generated or related property itself on a preponderance of evidence standard, as opposed to the
reversed onus of proof before the CAFRA. The legal controversy about the concurrent use of civil
forfeiture actions and criminal proceedings, which in the past affected the use of civil forfeiture, was
solved by a Supreme Court ruling confirming that this did not constitute “double jeopardy”