It should be, and it is (at least under federal law): <a href="https:&#x2F;&#x2F;www.law.cornell.edu&#x2F;uscode&#x2F;text&#x2F;18&#x2F;983" rel="nofollow">https:&#x2F;&#x2F;www.law.cornell.edu&#x2F;uscode&#x2F;text&#x2F;18&#x2F;983</a> (&quot;the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture&quot;).<p>What I think causes confusion is the &quot;innocent owner defense&quot; where the burden is on the owner to prove that, notwithstanding that the property may be subject to forfeiture because it is illegal proceeds, the owner came by the property legitimately.