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In late February 2019, the U.S. Supreme Court decided Timbs v. Indiana by concluding that the Eighth Amendment’s prohibition on excessive fines is an incorporated protection applicable to the states, including in cases involving civil forfeiture. In this course, NAAG’s Supreme Court counsel explains Timbs, and an attorney advisor for the U.S. Department of Justice’s Money Laundering & Asset Recovery Section explains how the Excessive Fines analysis has been applied to federal forfeitures.

Visit the NAAG Center for Supreme Court Advocacy for more resources.

Learning Objectives

  • Evaluate Eighth Amendment issues in asset forfeiture cases.
  • Discuss theories of asset forfeiture.
  • Identify forfeiture procedures and defenses.
  • Explain what is considered excessive and identify excessive fines defense strategies.