What is the primary purpose of a forfeiture proceeding?

The primary purpose of a forfeiture proceeding is to transfer ownership of property from the defendant to the government. This legal process is often employed in cases involving assets that are linked to criminal activity, such as drug trafficking or other illicit enterprises. The rationale behind forfeiture is that when property is used in the commission of a crime, it can be deemed as part of the criminal act itself, and thus, the government has the authority to seize it.

In forfeiture proceedings, the government demonstrates that the property is connected to illegal activity, allowing it to take ownership as a means of deterring crime and stripping away the financial benefits gained from unlawful actions. This mechanism serves a dual purpose: it not only punishes criminal conduct by depriving individuals of their ill-gotten gains but also strives to disrupt the economic foundation of criminal enterprises.