Also known as: ill gotten gains · ill-gotten gain · fruits of crime
Written by attorneys · grounded in primary & secondary sources — see below
Proceeds derived from criminal or wrongful activity. The category encompasses money, property, or other benefits obtained through violations of law and subject to seizure or forfeiture when they qualify as fruits of crime or items illegally possessed.
Select any source to read its text and confirm it supports the definition.
Federal agents obtained a warrant for the law offices of East Justice after learning that client Carl paid cash retainers from a fraud scheme and converted them into bearer bonds and prepaid debit cards. Officers located the bonds and cards in the file room. The items qualified as ill-gotten gains subject to seizure under the warrant.
A convicted criminal contracted with Simon & Schuster to publish his crime memoir. New York’s Crime Victims Board sought to divert the advance and royalties to a victim escrow account. The Court held that the statute targeting these ill-gotten gains violated the First Amendment.
Witnesses invoked the Fifth Amendment when subpoenaed about a bribery scheme. After receiving use-and-derivative-use immunity, they still refused to testify. The government argued that allowing them to keep their ill-gotten gains would undermine the immunity grant and the compulsion to testify.
Police stopped a vehicle minutes after a robbery and found cash and jewelry taken from the victims inside the car. The items constituted ill-gotten gains recovered during the lawful search of the automobile.
Officers secured an apartment after arresting the occupant for burglary. While awaiting a warrant they observed stereo equipment and cash taken from the victims. These items were ill-gotten gains that remained in plain view and were later seized under the warrant.
Police pursued a fleeing robber into his home and seized clothing, a shotgun, and cash matching the robbery description. The cash and other items were ill-gotten gains properly seized during the search incident to arrest.
Property qualifies when it constitutes contraband, fruits of crime, or other items illegally possessed. A magistrate may issue a warrant for such property upon a showing of probable cause that the items were obtained through criminal activity.
Supporting sources
No. A statute that confiscates all profits from publications about a crime is a content-based restriction that violates the First Amendment even though the state has a compelling interest in preventing criminals from profiting from their offenses.
…one. But we allowed the seizure nonetheless because otherwise the occupants of the car could have removed the "instruments or fruits of crime" before the search. Id., at 51, n. 9 . The Court allowed the warrantless seizure to protect the evidence from destruction even though there was no immediate fear that the evidence was in…
…For the purposes of this case, we can assume without deciding that the income escrowed by the Son of Sam law represents the
…hand, those objects which may validly be seized including the instrumentalities and means by which a crime
…search of automobile permissible where police have probable cause to believe crime has been or is being committed, and where
…pass-on defenses were permitted indirect purchasers would lack the incentive to sue and antitrust violators would retain their ill-gotten gains
Supporting sources
Use-and-derivative-use immunity prevents the government from using compelled testimony or its fruits against the witness, but the government may still pursue independent evidence to recover or forfeit the proceeds of the underlying crime.
Yes. When probable cause supports a warrantless search of a vehicle, officers may seize any property inside that constitutes fruits of crime or other illegally possessed items.
Securing the premises prevents removal or destruction of evidence. Officers may later obtain a warrant and seize any contraband or fruits of crime discovered while the premises remain secured.
Supporting sources
Yes. Items matching the description of property taken in the crime constitute ill-gotten gains that may be seized during a search conducted incident to a lawful arrest or while pursuing a fleeing suspect.
Supporting sources