The best way to appreciate the differences
between civil and criminal forfeiture under
federal law may be to run through the checklist of
tactical considerations that a federal prosecutor
takes into account when deciding whether to
pursue the forfeiture civilly or criminally. It is
entirely appropriate (and commonplace) for the
prosecutor to commence parallel civil and
criminal cases in order to keep all options open.
See United States v. One Parcel ... Lot 41,
Berryhill Farm, 128 F.3d 1386, 1391 (10th Cir.
1997) (civil case stayed pending criminal trial;
once stay was lifted, court granted motion to
civilly forfeit property that was also forfeited in
the criminal case)