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Los Angeles Lawyer
The Magazine of the Los Angeles County Bar Association

MCLE Test and Answer Sheet
Test No. 119: Uncivil Forfeitures
(October 2003)


 
Instructions for Obtaining MCLE Credits: The Los Angeles County Bar Association certifies that this activity has been approved for Minimum Continuing Legal Education credit by the State Bar of California in the amount of 1 hour. To apply for credit, please follow the instructions.

1. Study the CLE article.


2. Answer the test questions by marking the appropriate boxes. Each question has only one answer.

3. Photocopies of this answer sheet may be submitted; however, this form should not be enlarged or reduced. Mail the answer sheet and the $15 testing fee ($20 for non-LACBA members) to:
Los Angeles Lawyer
MCLE Test
P.O. Box 55020
Los Angeles, CA 90055 

Make checks payable to Los Angeles Lawyer.

4.Y ou can also fill in the test form and submit it directly to LACBA by clicking "Submit." To submit your test answers online you will need to pay by credit card. After submitting your answers you will be presented with a screen requesting payment information. This information will be submitted in a secure mode which will allow you to safely transmit your credit card number over the Internet. If you prefer not to pay by credit card, please print this answer sheet and submit your responses by regular mail.

5. Within six weeks, Los Angeles Lawyer will return your test with the correct answers, a rationale for the correct answers, and a certificate verifying the CLE credit you earned through this self-assessment activity.

6. For future reference, please retain the CLE test materials returned to you.

 
Test Sheet 
 
Mark your answers to the test by clicking next to your choice.  All questions must be answered.  Each question has only one answer. This test is worth 1 hour of credit.*

1. The Civil Asset Forfeiture Reform Act of 2000 (CAFRA) authorizes the district court to appoint counsel for indigent claimants in all federal civil forfeiture actions.
 True.
False.

2. Civil forfeiture actions are quasi-criminal and therefore claimants have a Sixth Amendment right to counsel.
 True.
False.

3. Civil forfeiture claimants may obtain a pretrial release of seized property if they can show that there is a likelihood that they will prevail at trial.
 True.
False.

4. The Fifth Amendment’s double jeopardy clause does not apply to federal civil forfeiture actions.
 True.
False.

5. In a federal civil forfeiture action in which the property at issue consists of money in a bank account, the government need not prove that the money in the account is exactly the same money involved in the offense that is the basis for the forfeiture.
 True.
False.

6. A one-year statute of limitations applies if the property to be seized in a federal civil forfeiture action is cash that is not directly traceable to the offense that is the basis for the forfeiture.
 True.
False.

7. Claimants must file a cost bond if they seek to contest a federal civil forfeiture action.
 True.
False.

8. If the government’s theory in a federal civil forfeiture action is that the seized property facilitated a criminal offense, the government must show that there is a substantial connection between the property and the offense in order to prevail in a federal civil forfeiture action.
 True.
False.

9. Once a claim for seized property is filed, the government has 90 days within which to file a federal civil forfeiture action.
 True.
False.

10. Before CAFRA, claimants had to prove that their property was not subject to forfeiture in order to prevail in a federal civil forfeiture action.
 True.
False.

11. In some cases, property that is intended to be used in future crimes may be subject to forfeiture in a federal civil forfeiture action.
 True.
False.

12. CAFRA permits an attorney for the government to use grand jury information without a court order.
 True.
False.

13. The district court must stay a civil forfeiture proceeding if it determines that civil discovery will adversely affect the government’s ability to conduct a related criminal investigation.
 True.
False.

14. The district court may require claimants to post a bond in order to obtain a pretrial hardship release of their property.
 True.
False.

15. A claimant who substantially prevails in a forfeiture action may recover the attorney’s fees incurred in litigating the action.
 True.
False.

16. CAFRA codifies the Eight Amendment’s prohibition against excessive fines.
 True.
False.

17. Whether a forfeiture is grossly disproportional to the gravity of the underlying offense is a factual issue that can be determined by a jury.
 True.
False.

18. In order for claimants to successfully assert an "innocent owner" defense, claimants bear the burden of proving they did not know about the conduct giving rise to the forfeiture.
 True.
False.

19. In a suit brought under any civil forfeiture statute, the government has the burden to establish, by a preponderance of the evidence, that the property at issue is subject to forfeiture.
 True.
False.

20. A federal civil forfeiture complaint must include facts about the crime giving rise to the forfeiture and describe with reasonable particularity the property to be forfeited.
 True.
False.

Address and Billing 
After submitting your answers you will be asked to enter your name, address, and payment information on the next screen. Once you have submitted the current form, you will be switched to a secure mode which will allow you to safely transmit your credit card number over the Internet.

If you do not wish to complete this transaction over the Internet you should print this page and send it to the address listed in Step 3 of the instructions at the top of this page.

Before clicking the "Submit" button please verify that all questions have been answered. An error message will appear if not all questions are answered.

*The Los Angeles County Bar Association has been approved as a continuing legal education provider of Minimum Continuing Legal Education credit by The State Bar of California. This self-assessment activity will qualify for Minimum Continuing Legal Education credit by The State Bar of California in the amount of one hour.

 





   
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