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In Scotland, confiscation proceedings are initiated by the procurator fiscal or Lord Advocate through the Sheriff Court or High Court of Justiciary. Approximately half of all forfeiture cases practiced today are civil, although many of those are filed in parallel to a related criminal case.[citation needed] In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. The burden is on the Government to establish that the property is subject to forfeiture by a "preponderance of the evidence." If it is successful, the owner may yet prevail by establishing an "innocent owner" defense..

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