'via Blog this' Individuals can face civil and criminal penalties, including jail time for serious violations of the embargo. Southworth may lose his boat because the authorities have decided to pursue civil asset forfeiture.
Unlike with criminal forfeiture, where prosecutors target assets after a criminal conviction, civil forfeiture allows prosecutors to seize Southworth’s property without proving he committed a crime. The government doesn’t even have to charge him with one. Instead, the government puts the asset itself on trial. To win, prosecutors must convince a judge that a preponderance of the evidence suggests the Janice Ann was an instrument of illegal activity.
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