McIntosh County is a county located in the U.S. state of Georgia. As of the 2020 census, the population was 10,975, a drop of 23.4 percent since the 2010 census. The county seat is Darien.
In law, in rem jurisdiction is a legal term referring to the power a court may exercise over property or a "status" against a person over whom the court does not have in personam jurisdiction. Jurisdiction in rem assumes the property or status is the primary object of the action, rather than personal liabilities not necessarily associated with the property.
Title 18 of the United States Code is the main criminal code of the federal government of the United States. The Title deals with federal crimes and criminal procedure. In its coverage, Title 18 is similar to most U.S. state criminal codes, typically referred to by names such as Penal Code, Criminal Code, or Crimes Code. Typical of state criminal codes is the California Penal Code. Many U.S. state criminal codes, unlike the federal Title 18, are based on the Model Penal Code promulgated by the American Law Institute.
Asset forfeiture or asset seizure is a form of confiscation of assets by the authorities. In the United States, it is a type of criminal-justice financial obligation. It typically applies to the alleged proceeds or instruments of crime. This applies, but is not limited, to terrorist activities, drug-related crimes, and other criminal and even civil offenses. Some jurisdictions specifically use the term "confiscation" instead of forfeiture. The alleged purpose of asset forfeiture is to disrupt criminal activity by confiscating assets that potentially could have been beneficial to the individual or organization. Asset forfeiture was found to generally increase with the percentage of the assets retained depending on electoral incentives.
United States v. Bajakajian, 524 U.S. 321 (1998), is a U.S. Supreme Court case holding that asset forfeiture is unconstitutional when it is "grossly disproportional to the gravity of the defendant’s offense", citing the Excessive Fines clause of the Eighth Amendment. It was the first time the Court struck down the federal government's "aggressive use of forfeiture" and the only time it has held that an imposed fine was unconstitutional under the Eighth Amendment.
Tee-Hit-Ton v. United States, 348 U.S. 272 (1955), was a United States Supreme Court case in which the court held that a Tribal nation's right of occupancy may be eliminated by the United States without any compensation. Breaking with earlier cases, the court said the Natives' right of occupancy was lesser than a vested property right that the fee simple owner of the land would have within the American property system.
United Public Workers v. Mitchell, 330 U.S. 75 (1947), is a 4-to-3 ruling by the United States Supreme Court which held that the Hatch Act of 1939, as amended in 1940, does not violate the First, Fifth, Ninth, or Tenth amendments to U.S. Constitution.
Quantity of Books v. Kansas, 378 U.S. 205 (1964), is an in rem United States Supreme Court decision on First Amendment questions relating to the forfeiture of obscene material. By a 7–2 margin, the Court held that a seizure of the books was unconstitutional, since no hearing had been held on whether the books were obscene, and it reversed a Kansas Supreme Court decision that upheld the seizure.
The United States Constitution contains several provisions related to criminal sentencing.
The Judge Advocate General's Corps is the military justice branch or specialty of the United States Air Force, Army, Coast Guard, Marine Corps, and Navy. Officers serving in the JAG Corps are typically called judge advocates.
Alleyne v. United States, 570 U.S. 99 (2013), was a United States Supreme Court case that decided that, in line with Apprendi v. New Jersey (2000), all facts that increase a mandatory minimum sentence for a criminal offense must be submitted to and found true by a jury, not merely determined to be true at a judge's discretion. The majority opinion was written by Justice Clarence Thomas, joined by Justices Ginsburg, Breyer, Sotomayor, and Kagan.
Southern Union Co. v. United States, 567 U.S. 343 (2012), was a Supreme Court decision that applied the rule set out in Apprendi v. New Jersey—that certain non-conviction elements of a crime must be proved to a jury—to criminal penalties. The 6–3 decision was authored by Justice Sonia Sotomayor.
United States v. Vampire Nation, 451 F.3d 189, is a 2006 decision of the United States Court of Appeals for the Third Circuit regarding the Federal Sentencing Guidelines and asset forfeiture. A three-judge panel unanimously affirmed the conviction and sentence of Frederick Banks, a Pittsburgh man, on numerous felony charges resulting from fraudulent schemes carried out over the Internet. The case takes its title, which has been singled out as memorable and included among lists of amusingly titled cases, from one of Banks' aliases, an electronic music group of which he was the sole regular member. He had filed the appeal under that name while representing himself.
Mahmoud Reza Banki is an Iranian-American scientist, management consultant and business executive. Since November 2024, he is the CFO of X Corp.
Austin v. United States, 509 U.S. 602 (1993), was a case in which the Supreme Court of the United States held that the Eighth Amendment to the United States Constitution applies to civil forfeiture cases.
Timbs v. Indiana, 586 U.S. 146 (2019), was a United States Supreme Court case in which the Court considered whether the excessive fines clause of the Constitution's Eighth Amendment applies to state and local governments. The case covered the asset forfeiture of the petitioner's truck after the police found a small quantity of drugs within it and he was convicted on non-felony possession charges.
Nebraska v. One 1970 2-Door Sedan Rambler (Gremlin) 191 Neb. 462, 215 N.W.2d 849 (1974) is a Nebraska Supreme Court civil forfeiture case. It was brought by the American state of Nebraska to seize a Rambler Gremlin on the sole grounds it was transporting illegal marijuana. The owner appealed against the forfeiture decision on the grounds of a claimed lack of due process. The court ruled 4–2 and sustained the confiscation as lawful.
Task Force KleptoCapture is a United States Department of Justice unit established in March 2022 with the goal of enforcing sanctions on Russian oligarchs in response to the Russian invasion of Ukraine.
Culley v. Marshall, 601 U.S. 377 (2024), is a case decided by Supreme Court of the United States regarding the timing of post-seizure probable cause hearings under the Due Process Clause of the 14th Amendment. The Court has been asked to determine whether the "speedy trial" test from Barker v. Wingo or the balancing test from Mathews v. Eldridge applies to a judicial-forfeiture proceeding.
