Forfeiture Translation

loss; something given up as forfeit; fine

Dictionary source: Babylon English-English
More: English to English translation of forfeiture πρόστιμο, στέρηση, κατάσχεση, ποινή

Dictionary source: Babylon English-Greek Dictionary
More: English to Greek translation of forfeiture 没收; 丧失

Dictionary source: Babylon English-Chinese (S) Dictionary
More: English to Chinese (s) translation of forfeiture 沒收; 喪失

Dictionary source: Babylon English-Chinese (T) Dictionary
More: English to Chinese (t) translation of forfeiture خسران, فقدان, مصادرة, غرامة, ضياع

Dictionary source: Babylon English-Arabic Dictionary
More: English to Arabic translation of forfeiture confiscación, decomiso

Dictionary source: Babylon English-Spanish Dictionary
More: English to Spanish translation of forfeiture потеря, конфискация

Dictionary source: Babylon English-Russian Dictionary
More: English to Russian translation of forfeiture verbeuren; verlies; verbeurdverklaring

Dictionary source: Babylon English-Dutch Dictionary
More: English to Dutch translation of forfeiture confisco, prevaricação, cassação; multa

Dictionary source: Babylon English-Portuguese Dictionary
More: English to Portuguese translation of forfeiture hakkın kaybedilmesi, kaybedilen şey

Dictionary source: Babylon English-Turkish Dictionary
More: English to Turkish translation of forfeiture (Dir) confisca; cosa confiscata; penalità; multa

Dictionary source: Babylon English-Italian Dictionary
More: English to Italian translation of forfeiture déchéance; confiscation, saisie; amende

Dictionary source: Babylon English-French Dictionary
More: English to French translation of forfeiture Einbuße, Beschlagnahme, Enteignung; Strafe, Buße

Dictionary source: Babylon English-German Dictionary
More: English to German translation of forfeiture 没収; 喪失

Dictionary source: Babylon English-Japanese Dictionary
More: English to Japanese translation of forfeiture חילוט, החרמה, הפקעה; קנס

Dictionary source: Babylon English-Hebrew Dictionary
More: English to Hebrew translation of forfeiture 몰수, 징수; 몰수당한 것, 징수당한 것; 벌금

Dictionary source: Babylon English-Korean Dictionary
More: English to Korean translation of forfeiture förverkande, förlust; förverkat gods [belopp]; böter

Dictionary source: Babylon English-Swedish Dictionary
More: English to Swedish translation of forfeiture [top] forfeiture
\for"fei*ture\ (?; 135), n. [f. forfeiture, ll. forisfactura.]
1. the act of forfeiting; the loss of some right, privilege, estate, honor, office, or effects, by an offense, crime, breach of condition, or other act. under pain of foreiture of the said goods. akluyt.
2. that which is forfeited; a penalty; a fine or mulct. what should i gain by the exaction of the forfeiture?


Dictionary source: hEnglish - advanced version
More: English to English translation of forfeiture Seizure of private property because it was illegally obtained, is an illegal substance or the legal basis for possession has ended. - (read more on Forfeiture)
  

Copyright: 2008 Duhaime.org. All rights reserved. Dictionary source: Duhaime.org Legal Dictionary
More: English to English translation of forfeiture The failure to fulfill obligations outlined in a legal contract which results in the loss of rights to an asset outlined in the contract.

Copyright: Copyright © 2000, Campbell R. Harvey. All Rights Reserved. Dictionary source: Campbell R. Harvey's Hypertextual Finance Glossary
More: English to English translation of forfeiture

See more at Wikipedia.org...

Copyright: © This article uses material from Wikipedia^® and is licensed under the GNU Free Documentation License and under the Creative Commons Attribution-ShareAlike License Dictionary source: Wikipedia English - The Free Encyclopedia
More: English to English translation of forfeiture Noun
1. something that is lost or surrendered as a penalty;
(synonym) forfeit
(hypernym) loss
(derivation) forfeit, give up, throw overboard, waive, forgo
2. a penalty for a fault or mistake that involves losing or giving up something; "the contract specified forfeits if the work was not completed on time"
(synonym) forfeit
(hypernym) penalty
(derivation) forfeit, give up, throw overboard, waive, forgo
3. the act of losing or surrendering something as a penalty for a mistake or fault or failure to perform etc.
(synonym) forfeit, sacrifice
(hypernym) act, human action, human activity
(derivation) forfeit, give up, throw overboard, waive, forgo


Dictionary source: WordNet 2.0
More: English to English translation of forfeiture A divestiture of specific property without compensation (see freezing, confiscation).

Copyright: Copyright © 2005 UNODC - United Nations Office on Drugs and Crime. Dictionary source: UNODC Money-Laundering Terms
More: English to English translation of forfeiture (n.)
The act of forfeiting; the loss of some right, privilege, estate, honor, office, or effects, by an offense, crime, breach of condition, or other act.
   (n.)
That which is forfeited; a penalty; a fine or mulct.
  

Copyright: Webster's Revised Unabridged Dictionary (1913), edited by Noah Porter. About Dictionary source: Webster's Revised Unabridged Dictionary (1913)
More: English to English translation of forfeiture The invalidation of a water right because of five or more consecutive years of nonuse. Also see Abandonment.

Dictionary source: Environmental Engineering (English ver.)
More: English to English translation of forfeiture To be divested or deprived of the ownership of something as a penalty for the commission of a crime. (2) To give up or surrender property (usually). (3) Obs. A vassal surrendering his land, or other property, to his lord, after conviction in the lord's court.

In the Supreme Court's decision in U.S. v. James Daniel Good Real Property, 114 S.Ct. 492 ('93), the Court held that the seizure of real property for forfeiture under 21 U.S.C. S 881(a)(7) without prior notice and a hearing violates the owner's due process rights under the Fifth Amendment. The Court reasoned that the immobility of real property ordinarily removes any resort to exigent circumstances to justify dispensing with the proper preseizure notice and hearing. Id. at 503. Other courts have held that Good applies retroactively. See, e.g., U.S. v. Real Property Located at 20832..., 51 F.3d 1402, 1405 (9th Cir.'95).

Austin v. U.S., 113 S.Ct. 2801 ('93) held that civil forfeitures under 21 U.S.C. S 881(a)(7) serve in part as punishment and are therefore subject to the Eighth Amendment's prohibition on excessive fines. The Court, however, declined to enumerate the factors to be considered in determining whether a forfeiture is excessive, leaving the issue to be decided by the lower federal courts. Id. at 2812.

However, generally some form of the two-pronged approach set out above has been followed. First, under the 'instrumentality' (or 'nexus') test, the forfeited property must have a sufficiently close relationship to the illegal activity. Second, under the 'proportionality' test, forfeiture of the property must not impose upon the owner a penalty grossly disproportionate to his offense.

The instrumentality or nexus test derives from Justice Scalia's concurring opinion in Austin. In rem forfeiture, he points out, has traditionally been based on the theory that the property is guilty of an offense, that is, it has been tainted by its unlawful use. 113 S.Ct. at 2813 (Scalia, concur). Therefore, for purposes of determining whether a civil forfeiture is an excessive fine, the initial inquiry is whether the property (or the assets for which it has been exchanged in whole or in part) has a close enough relationship to the offense to permit its confiscation to any extent. As Scalia explains:

'[S]tatutory in rem forfeitures have traditionally been fixed, not by determining the appropriate value of the penalty in relation to the committed offense, but by determining what property has been 'tainted ' by unlawful use, to which issue the value of the property is irrelevant. . . . The question is not how much the confiscated property is worth, but whether the confiscated property has a close enough relationship to the offense.' Id. at 2815; see Chandler, 36 F.3d at 363-6 (adopting Scalia's approach and rejecting any proportionality analysis).

Chandler notwithstanding, many courts, having found a proper 'taint,' have also applied a proportionality test to determine whether a forfeiture constitutes an excessive fine. The proportionality test compares the nature of the offense with the harshness, monetary or otherwise, of the forfeiture imposed on the owner. E.g., U.S. v. Premises Known as RR #1, 14 F.3d 864, 874-5 & n.10 (3d Cir.'94); Hall Street, 853 F.Supp. at 1400; Zumirez Drive, 845 F.Supp. at 732-3. It has its sense in the Supreme Court's Cruel and Unusual Punishments Clause jurisprudence, particularly Solem v. Helm, 463 U.S. 277 ('83), where it was expressed as '[t]he principle that a punishment should be proportionate to the crime.' Id. at 284. Forfeiture of real property can be 'grossly disproportionate' to the offense involved. E.g., Hall Street, 853 F.Supp. at 1400.

Although any forfeiture must meet the instrumentality test, its potentially harsh results, when applied alone, make courts hesitate to accept it as the sole test for applying the command of Austin. Many courts accept the proportionality test as a check on the instrumentality approach.

This position is supported by the following reasons. First, the instrumentality test rests on a sharp distinction between in personam (criminal) and in rem (civil) forfeitures, the importance of which was reduced by the Court's decision in Austin. See The Supreme Court, 1992 Term - Leading Cases, 107 Harv.L.Rev. 144, 212-3 ('93) ('1992 Term'). It made punishment the focus of attention. For purposes of the Excessive Fines Clause, 'the question is not . . . whether forfeiture . . . is civil or criminal, but rather whether it is punishment.' Austin, 113 S.Ct. at 2806.

The Court recognized that, like in personam punishments, in rem forfeitures also punish the property owner. Id. at 2812. As a result, 'the focal elements of a proportionality test--the severity of the claimant's offense and the worth of the forfeited property--become relevant to in rem forfeitures as well.' 1992 Term at 213. Only by adding a proportionality test is the 'excessiveness' of the fine determined by weighing both the in rem and in personam punishments against the seriousness of the crime. See U.S. v. Littlefield, 821 F.2d 1365, 1368 (9th Cir.'87); U.S. v. Busher, 817 F.2d 1409, 1415 n.10, 1416 (9th Cir. '87). While to many one's liberty is more precious than one's property, all would concede that a deprivation of both is worse than the loss of either alone.

Second, because the punishment in personam is fixed by statute and sentencing guidelines in many instances, it is fines that must not be 'excessive.' It is 'difficult to imagine, apart from a wholly arbitrary `ceiling' figure, how a fine could ever be found `excessive' without some analysis of the relationship between the penalty and the offense for which it is imposed.' In addition, the Excessive Fines Clause should be read to employ a proportionality standard as does the Supreme Court's interpretation of the Excessive Bail Clause, in which the Court reads 'excessive' to require proportionality between the amount of bail and the 'interest the Government seeks to protect,' i.e., the risk of flight. U.S. v. Salerno, 481 U.S. 739, 754 ('87); see also 1992 Term at 211; Eaddy, supra, at 722.

Third, and most persuasive, the majority in Austin specifically refused to endorse Justice Scalia's instrumentality test as 'the sole measure of an in rem forfeiture's excessiveness.' 113 S.Ct. at 2815 n.15. Rather, the Court suggested that other factors were also relevant: 'We do not rule out the possibility that the connection between the property and the offense may be relevant, but our decision today in no way limits the Court of Appeals from considering other factors in determining whether the forfeiture of Austin's property was excessive.' Id.

Fourth, the Court's decision in Alexander v. U.S., 113 S.Ct. 2766 ('93), suggests that a proportionality test under the Excessive Fines Clause may be required. In Alexander, the Court considered the defendant's Eighth Amendment challenge to criminal forfeiture of his adult bookstores and theaters resulting from his conviction for RICO violations. The Court remanded the case for an analysis under the Excessive Fines Clause, finding that the court of appeals had failed to distinguish between the defendant's excessive fines claim and his claim under the Cruel and Unusual Punishments Clause: '[T]he court lumped the two together, disposing of them both with the general statement that the Eighth Amendment does not require any proportionality review of a sentence less than life imprisonment without the possibility of parole. But that statement has relevance only to the Eighth Amendment's prohibition against cruel and unusual punishments.' Id. at 2775. The Court did not explicitly state that proportionality review was required under the Excessive Fines Clause, but its direction to the court of appeals on remand implied as much: 'It is in the light of the extensive criminal activities which petitioner apparently conducted through this racketeering enterprise over a substantial period of time that the question of whether or not the forfeiture was `excessive' must be considered.' Id. at 2776.

Finally, proportionality analysis is especially appropriate in the civil forfeiture context because it is the sovereign that profits from such forfeitures. Scalia recognized this when he stated: 'There is good reason to be concerned that fines, uniquely of all punishments, will be imposed in a measure out of accord with the penal goals of retribution and deterrence. Imprisonment, corporal punishment and even capital punishment cost a State money; [whereas] fines are a source of revenue. . . . [I]t makes more sense to scrutinize governmental action more closely when the State stands to benefit.' Harmelin v. Michigan, 501 U.S. 957, 979 n.9 ('91) (Scalia, plurality opinion).

All assets seized by the Department of Justice go into its Asset Forfeiture Fund, which the Attorney General is authorized to use for law enforcement purposes. 28 U.S.C. S 524(c). This incentive enhances the need for close scrutiny of in rem forfeitures.

Forfeitures, in effect, impose an impressive levy on wrongdoers to finance, in part, the law enforcement efforts of both the state and national governments. To that end, and to that extent, crime does pay. For this very reason, the judiciary, both state and federal, should be alert to detect constitutionally proscribed injustices imposed on individual wrongdoers.

In sum, the concensus seems to be that a proportionality approach is appropriate to determine whether an in rem forfeiture, proper under an instrumentality test, violates the Excessive Fines Clause. See Hall Street, 853 F.Supp. 1399; accord U.S. v. One Parcel of Real Estate..., 872 F.Supp. 968, 973 (S.D.Fla.'94).

In determining proportionality, a court, bearing in mind any in personam punishment of the owner, should consider, inter alia, the following factors in determining the harshness of the forfeiture: (1) the fair market value of the property; (2) the intangible, subjective value of the property, e.g., whether it is the family home; and (3) the hardship to the defendant, including the effect of the forfeiture on defendant's family or financial condition.

The owner's culpability is also relevant because it is the owner who is punished by the forfeiture. Zumirez Drive, 845 F.Supp. at 736; see Austin, 113 S.Ct. at 2810-1. The culpability of the owner should include consideration of the following factors: (1) whether the owner was negligent or reckless in allowing the illegal use of his property; or (2) whether the owner was directly involved in the illegal activity, and to what extent; and (3) the harm caused by the illegal activity, including (a) (in the drug trafficking context) the amount of drugs and their value, (b) the duration of the illegal activity, and (c) the effect on the community.

'The extent of the Government's financial stake in drug forfeiture is apparent from a 1990 memo, in which the Attorney General urged U.S. Attorneys to increase the volume of forfeitures in order to meet the Department of Justice's annual budget target . . . .' Good, 114 S.Ct. at 502 n.2. The 'war on drugs' has resulted in an enormous increase in federal asset forfeitures in the last decade. The federal government's annual net gain from all types of forfeitures grew from $27 million in 1985 to $531 million in 1992. Between 1985 and 1993, the Department of Justice seized $3.2 billion worth of assets. These assets include 'homes, land, businesses, currency, cars, planes, yachts, and livestock.' Pollack. State and local governments also benefit from federal forfeitures. In recent years, the Department of Justice has transferred $1.2 billion in cash and property to over 3,000 state and local agencies. The most recent GAO estimate ('92) puts the federal government's total forfeiture inventory at $1.9 billion. Civil forfeitures are thus a substantial source of revenue for both federal and local governments.



Copyright: Courtesy of the 'Lectric Law Library. Dictionary source: The 'Lectric Law Library
More: English to English translation of forfeiture (Lex**) απώλεια (Lex*) απώλεια (της ιδιοκτησίας)

Dictionary source: English-Greek Technical Dictionary
More: English to Greek translation of forfeiture [E] forfeiture (n) [P] confiscação (f) [C] 没收

Dictionary source: English-Chinese (S) Dictionary
More: English to Chinese (s) translation of forfeiture
اسْم : خُسران . فقدان بسبب خطأ أو جريمة . مصادرة . غرامة


Dictionary source: Concise English-Arabic Dictionary
More: English to Arabic translation of forfeiture

ألاسم

إِضَاعَة ; اِفْتِقاد ; اِنْتِفاء ; اِنْعِدام ; تَبَدُّد ; تَضْيِيع ; خَسَارَة ; خُسْران ; ضَيَاع ; ضيع ; عَدَم ; غُرْم ; فَقْد ; فِقْدان ; مَضْيَعَة ; مَغْرَم ; هَدَر ; هَدْر

ethar1@yahoo.com

Dictionary source: English to Arabic Dictionary
More: English to Arabic translation of forfeiture konfiskace, odnětí, pokuta, propadnutí, ztráta

Dictionary source: English Czech Dictionary
More: English to Czech translation of forfeiture hal kena denda

Dictionary source: English - Indonesian Dictionary
More: English to Indonesian translation of forfeiture penyitaan

Dictionary source: English-Indonesian Online Dictionary
More: English to Indonesian translation of forfeiture pérdida (del derecho a prestaciones, etc.)

Dictionary source: English-Spanish Social Security Terms
More: English to Spanish translation of forfeiture caducidad | pérdida (de un derecho) | confiscación | decomiso | pérdida | rescisión | extinción de dominio (Colombia)

Dictionary source: English_Spanish by Jaime Aguirre
More: English to Spanish translation of forfeiture (n.) = confiscación, pérdida.
Ex: Penalties that can be imposed range from seizure and forfeiture of the articles and the means by which they were produced to fines or imprisonment.


Dictionary source: English Spanish Dictionary (Granada University, Spain), 7.7
More: English to Spanish translation of forfeiture confiscación

Dictionary source: English-Spanish Online Dictionary
More: English to Spanish translation of forfeiture [n.]
1) потеря, конфискация
2) лишение, потеря права (на что-л.)
3) потеря денежного залога, взноса (или) аванса (при невыполнении условий контракта)

Dictionary source: English-Russian Dictionary (Morteza)
More: English to Russian translation of forfeiture (n) конфискация; потеря аванса; потеря взноса; потеря денежного залога; потеря денежного залога , взноса или аванса; штраф

Copyright: Learn more at ling98.com Dictionary source: English-Russian Lingvistica Dictionary
More: English to Russian translation of forfeiture изъятие

Dictionary source: Subsidiary English-Russian Dictionary
More: English to Russian translation of forfeiture конфискация

Dictionary source: English-Russian Online Dictionary
More: English to Russian translation of forfeiture n. потеря; конфискация

Dictionary source: English-Russian Dictionary (Mueller24)
More: English to Russian translation of forfeiture [direitos comerciais] caducidade

Dictionary source: English Portuguese Dictionary (Oliveira)
More: English to Portuguese translation of forfeiture ceza

Dictionary source: English Turkish Dictionary
More: English to Turkish translation of forfeiture hakkini kaybetme

Dictionary source: English Turkish Dictionary (M. Yildiz)
More: English to Turkish translation of forfeiture ceza

Dictionary source: Saja English Turkish Dictionary
More: English to Turkish translation of forfeiture PARA CEZASINA MAHKUMİYET:Bir şahsın, ihmal, hata veya bir haksız fiil yüzünden, ceza olarak askeri mahkeme kararı ile bir şeyi özellikle maaşının bir kısmını kaybetmesi hali. FORFEITURE OF ALL PAY AND ALLOWANCES DUE OR TO BE DUE:HAK EDİLMİŞ VEYA EDİLECEK BÜTÜN MAAŞ VE İSTİHKAKLARIN KAYBI:

Dictionary source: English Turkish Military Dictionary
More: English to Turkish translation of forfeiture ceza

Dictionary source: Erzin English Turkish Dictionary
More: English to Turkish translation of forfeiture n. ฟอฟิทเช็อ (พบน้อย)
1. การสูญเสียสูญสิ้น
2. การถูกยึดถูกริบ

Dictionary source: English - Thai Dictionary (Loy)
More: English to Thai translation of forfeiture ริบ,ค่าปรับไหม

Dictionary source: English - Thai Dictionary
More: English to Thai translation of forfeiture

['fɔ:fitʃə]

◊ danh từ

▪ sự mất (vật gì vì bị tịch thu, quyền...)

▪ sự tước

◦ the forfeiture of soemone's property : sự tước tài sản của người nào

▪ cái bị mất, cái bị tước; tiền bạc

Dictionary source: English Vietnamese Dictionary
More: English to Vietnamese translation of forfeiture perdita

Copyright: Tom van der Meijden Dictionary source: English-Italian Online Dictionary
More: English to Italian translation of forfeiture penalitate;confiscare

Dictionary source: English Romanian Dictionary (MF)
More: English to Romanian translation of forfeiture confiscare ; pierdere

Dictionary source: English Romanian Dictionary (RDE)
More: English to Romanian translation of forfeiture amenda; confiscare; dezicere, calcare a cuvîntului; pierdere a unui drept

Dictionary source: DERFOC English-Romanian Dictionary
More: English to Romanian translation of forfeiture konfiskata, przepadek

Dictionary source: English Polish Dictionary
More: English to Polish translation of forfeiture forfeiture ['fC:fNtGB(r)] n
(a)(act of having confiscated) perte f (de biens) par confiscation; Jur Fin déchéance f, forfaiture f (de titres, d'un droit);
(b)(loss) perte f (de la vie, de l'honneur etc).

Dictionary source: English French Dictionary (Kelkouli Rédha)
More: English to French translation of forfeiture déchéance, retrait (RL)

Dictionary source: English French Insurance Terms
More: English to French translation of forfeiture coulage

Dictionary source: English-French Online Dictionary
More: English to French translation of forfeiture загуба; загубване; наказание;

Dictionary source: English-Bulgarian Dictionary
More: English to Bulgarian translation of forfeiture ['fЈ:fitsh@] n 1. (загуба поради) конфискация; 2. загуба, з

Dictionary source: English Bulgarian Dictionary (fro Terry)
More: English to Bulgarian translation of forfeiture ['fо:fitshъ] n 1. (загуба поради) конфискация; 2. загуба, загубване (на чест, добро име); 3. плащане на глоба; наказание; лишаване от право; 4. конфискувана вещ.

Dictionary source: English Bulgarian Dictionary
More: English to Bulgarian translation of forfeiture gubitak

Dictionary source: English Croatian Dictionary(Igaly)
More: English to Croatian translation of forfeiture gubitak , oduzimanje , oduzimanje prava , konfiskacija

Dictionary source: English Croatian Dictionary(Mijic)
More: English to Croatian translation of forfeiture Verlust

Copyright: Dictionary source: English-German Online Dictionary
More: English to German translation of forfeiture از دست‌ دادگي‌، فقدان‌، زيان‌، ضرر، جريمه‌

Dictionary source: Salaty English Persian Dictionary (Text )
More: English to Persian translation of forfeiture

Dictionary source: Salaty English Persian Dictionary (Graphics)
More: English to Persian translation of forfeiture تنزل ارزش ،از دست دادگى ،فقدان ،زيان ،ضرر،جريمه
قانون ـ فقه : مصادره ،ضبط
بازرگانى : جريمه
 کلمات مرتبط(2)  کلمات مرتبط(forfeiture):



بازگشت به واژه forfeiture


forfeiture clause 
 forfeiture of premiums 



Dictionary source: English Persian Dictionary (Hojjat Rabiee)
More: English to Persian translation of forfeiture از دست‌ دادگي‌ ، فقدان‌ ، زيان‌ ، ضرر ، جريمه‌

Dictionary source: Farajbeik English Persian Dictionary (v.2)
More: English to Persian translation of forfeiture جريمه، زيان، ضبط، فقدان

Dictionary source: Mokhtari English Persian Law Dictionary
More: English to Persian translation of forfeiture ùُ‏¤› ٹ ¤¤® ٹ ِ‘‏¥ ٹ ِگ¢ىê ٹ üً¢گ¢ –¨¢ ¥گ

Dictionary source: Farajbeik English Persian Dictionary (v.1)
More: English to Persian translation of forfeiture elvesztés, eljátszás

Dictionary source: English-Hungarian Dictionary
More: English to Hungarian translation of forfeiture elkobzás,elvesztés,eljátszás

Dictionary source: English Hungarian Dictionary (Csorvassy)
More: English to Hungarian translation of forfeiture Forfeter-Globa-Gubitak-Gubitak Imovine S Prava

Dictionary source: English Serbian Dictionary
More: English to Serbian translation of forfeiture humbje, gjobë

Dictionary source: English Albanian Dictionary
More: English to Albanian translation of forfeiture гарз хохирол, алдагдал

Copyright: Copyright©2004 Amar A. AACS. All rights reserved. Dictionary source: AACS English-Mongolian Dictionary
More: English to Mongolian translation of forfeiture n. zabti

Dictionary source: English-Urdu dictionary
More: English to Urdu translation of forfeiture odkupnina, zaplemba, zastavnina

Dictionary source: Bidirectional English Slovenian Dictionary
More: English to Slovak translation of forfeiture