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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Oregon | State v. Goodenow, 251 Or.App. 139, 144–45 (2012) | Other applicable caselaw |
Courts are not limited by any numerical or proportionality requirement to seize the proceeds of a crime, in this case, all the earnings from a winning lottery ticket purchased using + See morean illegally obtained credit card
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Oregon's criminal forfeiture statutes do not limit the amount of property that may be forfeited as the proceeds of prohibited conduct. They do not require courts to determine whether a + See moreforfeiture of a defendant's property is proportional to the defendant's crime. ORS 131.585(1) (“The court shall enter judgment to the extent that the property is proceeds of the crime of conviction or of past prohibited conduct that is similar to the crime of conviction.”). (In that respect, the statutes treat the forfeiture of the proceeds of defendants' crimes differently from the forfeiture of instrumentalities of defendants' crimes. The statutes require courts to determine whether the forfeiture of an instrumentality of a defendant's crime, such as a vehicle or building used in the commission of a crime, is proportional to the crime and identify factors to consider in making that determination. ORS 131.585(2)(a)-(g).4)
State v. Goodenow, 251 Or.App. 139, 144–45 (2012)
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Enforcement |