How Civil Forfeiture Advances DOJ Action Against TCOs and FTOs
Civil forfeiture is a key DOJ tool against TCOs and FTOs, disrupting illicit finances while prompting legal and due process debates over property rights.
Civil forfeiture is emerging as a central tool in the U.S. Department of Justice’s campaign against Transnational Criminal Organizations (TCOs), Foreign Terrorist Organizations (FTOs), and other sanctioned parties. In recent years, policy shifts under the Trump Administration have intensified enforcement against cartels and transnational gangs, even treating some cartels as nonstate actors in a non-international armed conflict with the United States.
What is civil forfeiture? These proceedings typically begin when federal prosecutors seek a seizure warrant to take custody of specified property—assets that may not be reachable through ordinary criminal prosecutions, including funds, vessels, or real estate linked to foreign terrorists, fugitives, or criminal networks. Because civil forfeiture actions are in rem (against the property itself), the government need only show a connection between the asset and illicit activity rather than secure a criminal conviction of an individual.
Why the DOJ uses forfeiture against TCOs and FTOs Civil forfeiture disrupts the financial infrastructure of cartels and other TCOs by freezing cash flows, seizing shipments, and depriving networks of logistics assets. High-profile moves—such as targeted operations in the Caribbean and designations like the Barrio 18 a/k/a 18th Street gang as an FTO—highlight how forfeiture can complement sanctions, indictments, and even military measures like strikes on Venezuelan vessels suspected of supporting illicit trafficking.
Legal and policy implications While civil forfeiture helps dismantle organized crime and terrorism financing, it raises significant due process and property rights concerns. The lower burden of proof in civil forfeiture, combined with broad seizure authorities, has led to legal challenges and calls for reform. Businesses, financial institutions, and individuals must be vigilant about compliance and documentation to avoid entanglement in seizure actions.
Looking ahead Forfeiture will likely remain a powerful DOJ instrument against TCOs and FTOs, but balancing effective disruption with protections for legitimate property owners is essential. Stakeholders should monitor evolving case law and policy guidance, and consult counsel when facing potential seizures or when designing compliance programs to reduce exposure to civil forfeiture risk.