Criminal and Civil Forfeiture

Protect Your Property

Federal Criminal and Civil Asset Forfeiture

Federal asset forfeiture is a significant tool for the government to seize property linked to criminal activities. It includes criminal forfeiture, which requires a criminal conviction, and civil forfeiture, which can occur without any criminal charges. Both are frequently used in cases involving drug trafficking, fraud, organized crime, and corruption.

Federal Criminal & Civil Asset Forfeiture Defense

We offer robust defense against federal asset forfeiture, assisting individuals and businesses in safeguarding their property from government overreach. Whether facing criminal forfeiture connected to a federal indictment or civil forfeiture without criminal charges, our firm is equipped to defend your rights. You need a federal defense attorney to protect your property.

Criminal Asset Forfeiture

Criminal forfeiture is in personam (against the defendant) and is part of a criminal prosecution. It requires a conviction and must be included in the indictment.

Key Features:

1. Tied to a Conviction: The government must prove the property’s connection to the crime beyond a reasonable doubt.
2. Limited to the Defendant’s Interest: Only the convicted defendant’s assets can be forfeited.
3. Follows Criminal Procedure: Governed by Rule 32.2 of the Federal Rules of Criminal Procedure.
4. Third-Party Interests: After a conviction, third parties (like innocent owners) can contest the forfeiture in an ancillary hearing under 21 U.S.C. § 853(n).

Common Criminal Forfeiture Statutes:

• 21 U.S.C. § 853 – Drug-related offenses.
• 18 U.S.C. § 982 – Money laundering and fraud.
• 18 U.S.C. § 1963 – RICO violations.

Civil Asset Forfeiture

Civil forfeiture is in rem (against the property itself), allowing the government to seize property suspected of being involved in a crime without charging the owner.

Key Features:

1. No Criminal Conviction Required: The government needs to prove by a preponderance of the evidence that the property is connected to illegal activity.
2. Shifted Burden of Proof: Once the government establishes probable cause, the owner must prove the property was not used in or derived from criminal activity.
3. Broad Application: Used in cases of fraud, drug crimes, human trafficking, and money laundering.
4. Innocent Owner Defense: Property owners can challenge forfeiture by proving they had no knowledge of or did not consent to the illegal use of their property.

Common Civil Forfeiture Statutes:

• 18 U.S.C. § 981 – General civil forfeiture.
• 21 U.S.C. § 881 – Drug-related forfeitures.
• 31 U.S.C. § 5317 – Currency and money laundering forfeitures.

Commonly Forfeited Assets

Federal authorities often seize:

• Bank accounts & cash
• Real estate & vehicles
• Businesses & intellectual property
• Cryptocurrency & financial assets
• Jewelry, art, & luxury goods

Why Choose Us?

• Former Federal Prosecutor: We understand how the government builds asset forfeiture cases—and how to dismantle them.
• Aggressive Legal Strategy: We challenge unlawful seizures and fight for the return of your assets.
• Proven Track Record: Experience in high-stakes federal forfeiture litigation.

If your assets have been seized by the government, don’t wait. Contact us today for a confidential consultation and take the first step in reclaiming what’s yours.