What is the difference between forfeiture and restitution?

• A. They are the same concept.
• B. Forfeiture transfers property to the government as a consequence of crime; restitution is money paid to victims as compensation.
• C. Forfeiture occurs after conviction; restitution occurs before conviction.
• D. Forfeiture is compensation to victims; restitution is government property seizure.

Answer: (B)

Asset handling in crime cases: forfeiture vs restitution. Forfeiture is the process by which property tied to a crime—like cash, cars, or other assets—is taken and transferred to the government. The aim is to strip away the ill-gotten gains or instruments of crime, not to compensate any victim. Restitution, by contrast, is a court-ordered payment from the offender to the victims to compensate them for losses caused by the crime. It focuses on making victims whole and is the victim-directed remedy, not a transfer of property to the state. Forfeiture can happen in criminal or civil contexts and doesn’t require a conviction in all cases, while restitution typically arises as part of sentencing after a conviction.