Thomas O’Brien’s Perspective about the pending criminal asset forfeiture proposal in Governor Andrew Cuomo’s budget bill (“Criminal Forfeiture Minus Due Process,” NYLJ, Feb. 9) ignores the procedural section that was inserted into last Tuesday’s budget amendments at the suggestion of state prosecutors.
Those amendments contain exactly the kind of robust due process protections for defendants in forfeiture cases that the author favors. Among other things, they provide for notice and an opportunity to be heard, and redress for innocent owners of property used to commit crimes.
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