In asset forfeiture, ‘in rem’ and ‘in personam’ refer to actions against which entities?

• A. In rem targets a person; in personam targets the property.
• B. In rem targets only the property; in personam targets the person.
• C. In rem targets the property; in personam targets a person.
• D. Both forms are identical in scope.

Answer: (C)

The key idea is the target of the forfeiture action: one is directed at the asset itself, the other at the person behind or connected to the asset. In rem forfeiture treats the property as the defendant—seizing or forfeiting the item because it was used in or derived from illegal activity, even if the owner isn’t charged with a crime. For example, a car or cash involved in a crime can be forfeited in rem, with the case focusing on the property rather than the owner’s guilt. In personam forfeiture, by contrast, targets the person. The government seeks to impose liability on the individual, and any forfeiture relates to that person’s involvement or ownership, potentially leading to penalties or forfeiture of property connected to the person.

So the best understanding is that in rem targets the property, while in personam targets a person. The other options misstate who is the target or imply the forms have the same scope, which isn’t how these actions are defined.