The term criminally derived property refers to any property that comes from or is the result of proceeds gained through criminal activity. This includes money, assets, or any items obtained as a result of illegal actions.
Criminally derived property is primarily used in criminal law, particularly in cases involving money laundering and asset forfeiture. Legal professionals may encounter this term when dealing with cases that involve the recovery of assets obtained through illegal means. Users may find it helpful to utilize legal templates from US Legal Forms to navigate related procedures.
Here are a couple of examples of abatement:
Example 1: A person sells illegal drugs and uses the money to purchase a car. The car is considered criminally derived property because it was bought with proceeds from drug sales.
Example 2: A hacker steals credit card information and uses the funds to invest in stocks. The stocks are criminally derived property since they were acquired using stolen money. (hypothetical example)
One of the primary statutes governing criminally derived property is 18 USCS § 1957, which addresses the unlawful monetary transactions involving property derived from criminal activity.
| Term | Definition | Key Differences |
|---|---|---|
| Criminally derived property | Property obtained from criminal activities. | Focuses specifically on the source of the property. |
| Proceeds of crime | Money or assets gained from illegal activities. | More general; includes all forms of income from crime. |
| Money laundering | The process of making illegally obtained money appear legitimate. | Involves the act of concealing the origins of criminally derived property. |
If you believe you are dealing with criminally derived property, it is crucial to seek legal advice. You may want to consult a legal professional who can guide you through the implications and potential actions. Additionally, US Legal Forms offers a variety of templates that can assist you in managing related legal matters.
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| Attribute | Details |
|---|---|
| Typical Fees | Varies by jurisdiction and legal representation. |
| Jurisdiction | Federal and state laws apply. |
| Possible Penalties | Seizure of assets, fines, and imprisonment. |
It may be seized by law enforcement and can be subject to forfeiture proceedings.