Which of the following is a valid defense to forfeiture?

• A. Property was inherited
• B. Property was stolen
• C. Owner was not arrested
• D. Owner was unaware of criminal use

Answer: (D)

The party’s ability to defend property in forfeiture rests on the innocent owner principle. Civil forfeiture targets property tied to crime, not the person per se, so an owner can avoid forfeiture by showing they did not know and had no reason to know that the property would be used for illegal activity and that they did not participate or consent to the wrongdoing. When the owner was unaware of the criminal use, that lack of knowledge fits the innocent owner defense and can bar forfeiture.

Mere inheritance doesn’t automatically shield property if it’s later used in crime, and not being arrested has no bearing on whether the owner knew about or consented to the illegal use. Stolen property presents its own issues, but the specific defense here is about the owner’s lack of knowledge of the criminal use.