Forfeiture (law) facts for kids

Forfeiture is when someone loses a right or property because they didn't follow a rule or meet a condition. It's like losing a privilege because you didn't do what you were supposed to. This is different from a waiver, where someone gives up a right on purpose. In some legal systems, forfeiture can prevent a person from benefiting from certain serious wrongdoings.

Forfeiture in the United States

Historical Examples of Forfeiture

Long ago in the U.S., if someone was found guilty of very serious actions, they could lose their land and other valuable things. This was a way for the government to punish them. A well-known story from the Salem Witch Trials involves a man named Giles Corey. He refused to enter a plea in court. By doing this, he made sure that his property would not be taken by the government. Instead, his sons were able to inherit his estate.

Modern Forfeiture Laws

Today, forfeiture still means losing property if you don't follow the law. This property usually goes to the government. There are two main ways this can happen in legal cases. One way is when the legal action is directed at the person who owns the property. The other way is when the action is directly against the property itself. Sometimes, cases against property can have unusual names, like United States v. One Solid Gold Object in Form of a Rooster. Modern laws, such as the Racketeer Influenced and Corrupt Organizations Act (often called RICO), allow the government to take property. This happens if the property was used in a pattern of serious illegal activities. For example, if a business was used repeatedly for illegal acts, the government could take control of that business.

Learn More

• Asset forfeiture