Explain the difference between 'in rem' forfeiture and 'in personam' forfeiture.

• A. In rem forfeiture targets the property itself; in personam forfeiture targets a person (and may involve the property) but seeks to punish the person.
• B. In rem forfeiture targets the person; in personam forfeiture targets the property.
• C. Both forms target only property.
• D. In rem forfeiture is civil; in personam forfeiture is criminal and involves the person.

Answer: (A)

In rem forfeiture is a process aimed at the property itself. The court asserts jurisdiction over the asset located within its territory and seeks to forfeit that property if it has been used in or derived from wrongdoing. The key point is that the property acts as the defendant, not necessarily the owner personally.

In personam forfeiture, on the other hand, targets the person. The action is directed at the individual and seeks to sanction or punish that person for illicit conduct. The property may be involved as an instrument or proceeds, but the core focus is on the person’s culpability.

So the best description is that one forfeiture action targets the property itself, while the other targets the person, with the latter potentially involving property but not as the principal defendant.