Civil Asset Forfeiture: An Overview & Conversation [POLICYbrief]
Short video featuring Stefan Cassella and Darpana Sheth
Short video featuring Stefan Cassella and Darpana Sheth
The law enforcement practice of civil asset forfeiture remains a hotly debated issue in the United States. Used to seize property, vehicles, or money that law enforcement suspect was used to commit crimes, the practice has become increasingly common over the past three decades.
While proponents of civil asset forfeiture argue that is a necessary tool used by law enforcement to combat crime syndicates and otherwise legally untouchable criminals, opponents assert that the practice inverts the normal practice of justice, placing an undue burden on owners to prove that their property *wasn’t* used in a crime.
In this episode of our POLICYbrief series on criminal justice, Stefan Cassella of Asset Forfeiture Law and Darpana Sheth of the Institute for Justice discuss various aspects of civil asset forfeiture.
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As always, the Federalist Society takes no particular legal or public policy positions. All opinions expressed are those of the speaker.
Learn more about Stefan Cassella:
http://assetforfeiturelaw.us/?page_id=67
Learn more about Darpana Sheth:
https://ij.org/staff/dsheth/
Follow Darpana Sheth on Twitter: @darpana
https://twitter.com/darpana?lang=en
Differing Views & Related Links:
Articles written by Stefan Cassella
https://works.bepress.com/stefan_cassella/
http://assetforfeiturelaw.us/?page_id=168
Institute for Justice: Civil Forfeiture
https://ij.org/report/forfeiture-transparency-accountability/
https://ij.org/report/policing-for-profit/
USA Today: "Don’t abolish asset forfeiture"
https://www.usatoday.com/story/opinion/2017/08/06/dont-abolish-asset-forfeiture-editorials-debates/104357880/
Heritage Foundation: "Civil Asset Forfeiture: 7 Things You Should Know"
https://www.heritage.org/research/reports/2014/03/civil-asset-forfeiture-7-things-you-should-know
Department of Justice: "Types of Federal Forfeiture"
https://www.justice.gov/afp/types-federal-forfeiture
Department of Justice: "Asset Forfeiture Program"
https://www.justice.gov/afp
EndForfeiture.com
http://endforfeiture.com/
CEO, Asset Forfeiture Law, LLC
As a federal prosecutor, Stefan D. Cassella was one of the federal government’s leading experts on asset forfeiture and money laundering law for over thirty years. He now serves as an expert witness and consultant to law enforcement agencies and the private sector as the CEO of AssetForfeitureLaw, LLC.
As a Deputy Chief of the Justice Department’s Asset Forfeiture and Money Laundering Section and later as the Chief of the Asset Forfeiture and Money Laundering Section in the U.S. Attorney’s Office in Baltimore, Maryland, Mr. Cassella litigated some of the Government’s most significant forfeiture and money laundering cases and drafted many of the federal forfeiture and money laundering statutes.
He is the author of Asset Forfeiture Law in the United States, a one-volume resource designed to lead the practitioner, prosecutor, judge and policy maker through the labyrinth of statutes, rules and cases that govern this dynamic area of the law, and of more than 40 law review articles on money laundering and forfeiture. He has trained state and federal prosecutors and agents and their counterparts in numerous foreign countries, including over 200 lectures at the National Advocacy Center at the University of South Carolina.
Mr. Cassella is also the author and publisher of the Money Laundering and Forfeiture Digest, a monthly compendium of the forfeiture and money laundering cases decided by the federal courts that is circulated to hundreds of state, federal and foreign prosecutors and lawyers, law enforcement agents, academics and policy makers in the U.S. and abroad.
General Counsel, Center for Individual Rights
Darpana Sheth joined CIR as General Counsel in May 2025. She is a nationally recognized constitutional litigator with over two decades of experience serving in in leadership roles at other nonprofit organizations.
Before joining CIR, Darpana served for four years as Vice President of Litigation for the Foundation for Individual Rights and Expression. Prior to that, Darpana was a Senior Attorney with the Institute for Justice, where she also served as Director of the Institute’s National Initiative to End Forfeiture Abuse.
Before finding her calling as a public-interest attorney, Darpana served as an Assistant Attorney General for the State of New York and worked in private practice as a litigation associate at the Manhattan law firm of Chadbourne & Parke, LLP. She also served as law clerk to the Honorable Jerome A. Holmes of the U.S. Court of Appeals for the Tenth Circuit.
A native of Philadelphia, Darpana graduated from the University of Pennsylvania with a Bachelor of Arts in Political Science and History. She earned her law degree from Georgetown University Law Center.