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Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? - Politics - Nairaland

Nairaland Forum / Nairaland / General / Politics / Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? (453 Views)

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Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by Workch: 11:17am On Mar 22, 2023
There has been this argument that Tinubu was not indicted in the United States for drug dealings. His supporters that he only some money hence cannot be called a criminal. Well, let's see what the United States law says about asset forfeiture.


1.Criminal Forfeiture
An in personam (against the person) action against a defendant that includes notice of the intent to forfeit property in a criminal indictment. A criminal conviction is required, and forfeiture is part of the defendant’s sentence. Criminal forfeiture is limited to the property interests of the defendant, including any proceeds earned by the defendant’s illegal activity. Criminal forfeiture is generally limited to the property involved in the particular counts on which the defendant is convicted. As part of sentencing, a court may order the forfeiture of a specific piece of property listed in the indictment, of a sum of money as a money judgment, or other property as substitute property. The government must establish by a preponderance of the evidence the requisite connection between the crime of conviction and the asset. After a preliminary order of forfeiture is entered, a separate, ancillary proceeding begins to determine any third-party ownership interests in the property the government seeks to forfeit.

2. Civil Judicial Forfeiture
An in rem (against the property) court proceeding brought against property that was derived from or used to commit an offense, rather than against a person who committed an offense. Unlike criminal forfeiture, there is no criminal conviction required, although the government is still required to prove in court that the property was linked to criminal activity. The proceeding allows the court to gather anyone with an interest in the property in the same case and resolve all the issues with the property at one time. In a civil forfeiture case, the government is the plaintiff, the property is the defendant, and any person who claims an interest in the property is a claimant. Civil forfeiture allows the government to file cases against property that would not be reachable through criminal forfeiture, such as property of criminals located outside the United States, including terrorists, and fugitives. Civil forfeiture also permits recovery of assets held by deceased defendants or where no defendant can be identified.



3. Administrative Forfeiture.

An in rem (against the property) action that permits property to be forfeited to the United States without filing a case in federal court. The administrative forfeiture process occurs before the agency that seized the assets when no one has filed a claim contesting the seizure. There are many procedures in place, including strict time limits and noticing requirements designed to protect the interests and rights of property holders. Any seizure of property subject to administrative forfeiture must be based on probable cause. The primary benefit of administrative forfeiture is to avoid burdening the courts with judicial actions when no one contests the forfeiture of the seized property.


Tinubu's kind of forfeiture is number 2, he remains a criminal but because he resides outside of the United States as at the time of the legal process, he cannot be charged but his property in the United States can be charged hence it can be forfeited. Tinubu to united states was a criminal of united states that was living abroad.

Thank you

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Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by Parachoko: 11:26am On Mar 22, 2023
Obi urchins are no mor talking about how the Election is rigged

Nah about a case hat happen more than 20 years ago dem dey have a hard on for now cheesy

The same OP who boadly claim Pandora will defeat Asiwaju in the court is now looking up to the Court to remove Asiwaju from his position as the incoming President 😆😆
Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by KanwuliaExtra: 11:27am On Mar 22, 2023
YES! TINUBU IS A CRIMINAL!!!! cheesy

Proof!

Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by Pierocash(m): 11:28am On Mar 22, 2023
That is how the Supreme Court will forfeit his mandate too.

Father of forfeitures grin

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Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by YouandiAllofus: 11:40am On Mar 22, 2023
The POTUS reserved his congratulatory message to BAT for a reason.

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Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by chivic(m): 12:16pm On Mar 22, 2023
Parachoko:
Obi urchins are no mor talking about how the Election is rigged

Nah about a case hat happen more than 20 years ago dem dey have a hard on for now cheesy

The same OP who boadly claim Pandora will defeat Asiwaju in the court is now looking up to the Court to remove Asiwaju from his position as the incoming President 😆😆

Read their petition where the claimed that Tinubu had lower (lawful vote ) and Obi had more of the lawful vote listing some state where they have evidence .
Forget about what you see on naira land .Their petition is on 100 pages .
Out of like 10 grounds they mention any one of them can knock Tinubu out if the court admin.
Be it the 25% FCT case which the word" AND" will be interpreted.A professor in English might be invited to define the word "And" or the criminal case ,An Judge from the UK might be invited to explain what the forfeiture made by Tinubu indicates in their country. Or still the case of lawful vote,as long as they have evidence from their polling agent and are able to extablish it vis-a-vis the doctored IREV upload and the report from the back end of BIVAS. Or further proving that INEC did not follow the guide lines on uploading result which is easily provable .
The more you see LP reasoning,you fear for TINUBU's fate not to talk of PDP petition
Re: Election Tribunal: Types Of Forfeiture In The U.S Law : Is Tinubu A Criminal? by OfficialAPCNig: 12:20pm On Mar 22, 2023
Parachoko:
Obi urchins are no mor talking about how the Election is rigged

Nah about a case hat happen more than 20 years ago dem dey have a hard on for now cheesy

The same OP who boadly claim Pandora will defeat Asiwaju in the court is now looking up to the Court to remove Asiwaju from his position as the incoming President 😆😆
Take your time, read the full petition, not that shameless display of childishness you urchins posted on Nairaland.

Peter Obi is suing INEC, APC, Tinubu and Shettima

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