Which term describes property that is forfeited because it was used in the commission of a crime, even if it is not itself illicit property?

• A. Innocent owner property
• B. Per se contraband
• C. Derivative contraband
• D. Exempt property

Answer: (C)

Derivative contraband covers property that becomes forfeitable because it was used in the commission of a crime, even if the item itself isn’t illicit. The key idea is that the asset is linked to wrongdoing through its role in the crime—it's the instrument or proceeds tied to the conduct—not because the item is inherently illegal. For example, a car used to transport illegal drugs can be forfeited as derivative contraband even though cars are legal in themselves. This differs from per se contraband, which concerns items that are illegal by their nature, and from innocent-owner property, where the owner wasn’t involved in the crime, or exempt property, which isn’t forfeited for policy reasons.