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Fifth, criminal forfeiture is limited to the property of the defendant himself, not associates or family members who may have taken possession of the assets.

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Most restitution payments begin only after the defendant is released.

So even if the court orders full restitution to victims, the collection and distribution of payments is often difficult, especially if perpetrators are sentenced to long periods of incarceration.

There are two kinds of forfeiture: criminal and civil.

The former is part of a criminal case against a defendant. While there is a parallel criminal arrest and prosecution, in the overwhelming majority of civil forfeiture cases, there are important reasons why the government must have civil forfeiture, in addition to criminal.

Because some jurisdictions will not recognize foreign judgments, the creditor may be forced to re-litigate its entire case against the trust locally.

Also restrictive for a creditor is the fact that these havens do not allow lawyers to take matters based on a contingency fee.Worse still, they then provide that the losing party to a lawsuit must pay all of the victor's expenses, including attorneys' fees.As such, the process may prove prohibitively expensive for an individual creditor when the potential reward is so uncertain.The biggest dream for those who have suffered from financial crime is getting some money back, preferably from the people who stole it from them.However, in reality, very few fraud perpetrators actually pay restitution.Even the process of having to notify all the victims in a big fraud case is an overwhelming undertaking.

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