B.2(o). Forfeiture Restrictions and Victim Restitution

The government cannot seize any property prior to conviction, except physical items necessary to conduct a good-faith prosecution, such as evidence including weapons, documents, or contaminated clothing. Seizure of any other assets may occur only after conviction and must be accompanied by a separate judicial hearing for each asset to establish a direct connection to the offense.

Property belonging to a person other than the convicted defendant may not be seized under any circumstance. If original ownership of stolen property can be clearly established, that property must be returned to its rightful owner. If not, any proceeds from the sale of seized assets must be distributed to the victims of the crime or donated to established victims' rights organizations. The cost of seizure, cataloging, or sale cannot be deducted from those proceeds. No jurisdiction, agency, or governmental body may retain or benefit from the sale or disposal of seized property.