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We are contemplating filing for forfeiture on real property used in large scale drug transcations.

The Defendant has a sizable trust fund stemming from a personal injury settlement from 20 years ago. The guy takes his monthly trust allowance and uses it to buy drugs he then sells from his house.

An issue is the house is under the trust's name and thus is part of the trust corpus. It's a section 142 trust that in it's order creating the trust holds that "neither the corpus nor the income of the trust shall be liable for the debts of the Beneficiary, nor shall the same be subject to seizure by any claimant against the beneficiary, under sany event or proceeding of any character, in law or in equity..."

Assuming we can prove up the property is illegal contraband (defeating any potential innocence owner or 8th amendment excessive fines defense) can the State, through the ccp, forfeit the corpus of this kind of trust?
 
Posts: 15 | Registered: April 21, 2009Reply With QuoteReport This Post
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