Federal Civil Forfeiture Defense Lawyers

Law enforcement uses the tool of asset seizure for the purpose of denying criminals the ability to profit from their crimes, but sometimes, it also affects innocent people. Having your property returned to you can be a difficult thing to accomplish, but it isn’t impossible.

Civil Judicial Forfeiture.
Rather than focus on a person, law enforcement officials focus on the person’s property in a civil judicial forfeiture. This property is alleged to have been the proceeds from some criminal activity. It may also be money that funds the criminal activity.
In a case, the plaintiff is going to be the federal government, and the defendant will be the property that was seized. Law enforcement chooses to charge property with the crime rather than the people because this strategy allows them to file charges against property that they would not be able to charge in criminal court. This applies to the property that belongs to terrorists and fugitives located outside of the United States. Law enforcement officials also use federal civil forfeiture to recover assets of deceased individuals.

Federal Civil Forfeiture Defenses.
The Money Laundering Act of 1986 makes it illegal to use money that was derived from illegal activity to purchase items with the purpose of disguising the origins of the money. According to the currency transaction reporting requirements, your financial institution is required to file a report with the federal government when you make financial transactions worth more than $10,000. Doing anything to avoid this violates the Money Laundering Act of 1986.This is also illegal if the purpose is to avoid having to comply with state or federal currency transaction reporting requirements.

The government must show by a preponderance of the evidence that the money in question is derived from specific illegal activity. If you are accused of laundering the money or intentionally avoiding currency transaction reporting requirements, the government must show evidence of these actions by you. If it cannot do that, the government’s claim on your cash or assets will fail in a court of law.

Defending against a Federal Civil Forfeiture.
The federal government must meet the legal standard of the “balance of probabilities.” The federal government only needs to demonstrate that there is sufficient evidence to prove that the money or assets in question were the result of illegal activity or used in the illegal activity. This standard is much lower than the one used in criminal cases. Your attorney will need to present evidence that shows that the property was not derived from illegal activity or was not purchased with money derived from a crime. Examples of this type of evidence include contracts and other documentation.

The Affirmative Defense.
With an affirmative defense, your attorney will introduce evidence that disproves that you were involved in criminal activity. Your property may be returned to you even though it can be proven that the property was involved in criminal activity. This affirmative defense would require you to prove that you were unaware of the illegal activity that occurred.

The Eighth Amendment of The Constitution.
The Eighth Amendment of The Constitution relieves you of the possibility of receiving excessive fines in a criminal case. Your attorney may be able to prove that the confiscated property is commensurate of an excessive fine and would be unconstitutional.

Fighting Federal Civil Forfeiture.
The most important thing you can do when your property has been confiscated by law enforcement is hire a criminal defense law firm. Most people fail to do this because they wrongly believe that there is nothing that they can do to get their property back. It may be difficult to do, but it is possible when you hire a criminal defense attorney.

You must file a claim to have your property returned to you. After you file your claim, the federal government only has three months to file a complaint in federal court or charge you with a federal crime. It’s very possible that three months will not be enough time for the law enforcement agency to pursue either of these options. If the federal government has not taken any action by the time the three-month window closes, the agency must return your property to you.

In most cases, federal civil forfeiture ends with filing a claim for the property. However, it is possible that you may need to continue this matter in federal court, and the best way to do this is with a criminal defense attorney.

Contact a criminal defense law firm today if your property was seized by the federal government.

When the government conducts a search or arrest, or an individual crosses the border or leaves an airport, they may attempt to seize any money or property they find, regardless of whether a crime has been charged. The authorities may try to force you to sign a document relinquishing your claim to the money or property, or threaten criminal punishment if you attempt to reclaim it.

But don’t be intimidated – you have the right to fight for the return of your property. The key to success is to act quickly and seek out an experienced forfeiture lawyer, such as Todd Spodek, who boasts years of experience in successfully retrieving seized property.

Time is of the essence in these matters, as parties are often notified of the seizure of their property through the mail and are given strict deadlines to oppose the forfeiture, which vary depending on whether it is a state or federal forfeiture. It is crucial that you or someone you trust closely monitors your mail for the forfeiture notice and immediately contacts a qualified attorney, as most ordinary criminal and civil lawyers lack the specialized knowledge and experience necessary to handle these complex cases.

Forfeitures can take two forms: criminal and civil. A criminal forfeiture is incorporated into the criminal case and is decided in a criminal trial. A civil forfeiture, on the other hand, is a separate proceeding in a civil court, regardless of whether a criminal case is involved. These cases can include depositions and interrogatories and require the expertise of a lawyer with experience in civil forfeiture cases, such as Todd Spodek.

If your money or property is being taken, it is crucial that you take the following steps:

• Refrain from speaking to police or federal agents beyond asserting that the property is yours
• Do not sign any documents relinquishing your claim to the property, even if they promise to release you or threaten punishment if you refuse
• Request that a lawyer knowledgeable about forfeitures be present
• Sign a receipt for your property as long as it lists all items and does not deny your right to claim the property or include any admissions
• Contact an attorney experienced in handling forfeiture cases immediately
• Check your mail for a “Forfeiture Notice” and contact your qualified forfeiture attorney as soon as it arrives
• If a “Forfeiture Notice” has not been received within 7 days of the seizure, inform your forfeiture attorney
• Have all documents that demonstrate how the money and property was legally obtained available for review by your forfeiture attorney.

It’s important to note that the government only has to show a “prima facie case,” or a presumption of illegality, to seize your property. It’s then on you to prove that you are entitled to it. This is why having a qualified forfeiture attorney on your side is essential.