Commingled Funds: How to Seize Proceeds of Electronic Crime

Under US law, whether the proceeds of electronic crime can be identified and seized where the funds have been commingled with legitimate funds depends on whether the legitimate funds somehow facilitated the concealment and laundering of criminal proceeds. The US criminal forfeiture statute, 18 US Code, s. 983, and the civil forfeiture statute, 18 US Code, s. 981, provide that all property involved in the offence is subject to forfeiture.