Federal Asset Forfeiture: An Overview by an Asset Forfeiture Defense Attorney.
What is asset forfeiture?
The Department of Justice (DOJ) consists of a specialized division dedicated to the criminal and civil forfeiture (seizure or taking) of property. This division, known as the as the Money Laundering and Asset Recovery Section (MLARS) spearheads federal agencies in their various forfeiture programs.
Generally, asset forfeiture can be defined as the taking of property by the government without compensation because according to the government it was used in a manner contrary to law.
Can the government seize or take my property without charging me with a crime?
Yes, under the government’s forfeiture authority your property can be taken even if you haven’t been charged with a crime. Often, the government will seize or take your property before a crime is charged.
What is the government’s authority for forfeiture?
The government’s authority for forfeiture is all found in federal statutes. The most common of those statutes include:
- 18 United States Code § 924 (d), 26 USC § 5872 (Firearms)
- 18 United States Code § 981, 982 (civil and criminal forfeiture. Money laundering, fraud)
- 18 United States Code §§ 2253, 2254 (Child Exploitation)
- 21 United States Code §§ 853, 881 (Drug Offenses)
Under what theories of forfeiture can the government forfeit property?
Each statute dictates specific substantive theories for forfeiture of property. The government will try to forfeit property based on the some of the following theories:
- The property in question “facilitates” the crime. This means the property was used to further the crime or scheme.
- Property “involved in” money laundering.
- Proceeds of crime and property traceable to proceeds. For example, the government would try to show that money derived from criminal conduct was used to buy a home, car, or other time and therefore that property is subject to forfeiture.
How does the government seize my property?
The government will use various methods to seize, take, or restrain property.
Primarily the government will use:
- A search warrant in conjunction with a seizure warrant.
- Criminal seizure warrant.
- Civil Seizure warrant.
- A warrantless seizure.
Seizure warrants authorize the seizure of specific property. Within the sworn statement of probable cause and attachments, the government will name the items to be seized.
What types of forfeiture proceedings are there?
A common practice used by the government is administrative forfeiture. There is no court involvement at this stage and often the prosecutor is not involved. Administrative forfeiture is a “non-judicial” matter handled purely by the seizing agency, such as FBI, ATF, DEA.
Administrative forfeiture does have limitations. For example, it cannot be used to seize property with a value of $500,000 or more. Further, it is not available for the forfeiture of real property or foreign assets. Under these rules, the government cannot administratively forfeit your home or other real property.
My property has been administratively forfeited, what do I do?
Call a forfeiture defense attorney at once. There are notice requirements and time limitations on filing a claim to the property. Almonte Law can help with this process.
What is judicial forfeiture?
There are two types of judicial forfeiture proceedings which require court and prosecutor involvement. These two types of judicial forfeiture proceedings fall under either Criminal Forfeiture or Civil Forfeiture.
What is criminal forfeiture?
Criminal Forfeiture is an action brought by the government against a person, other otherwise known as an in personam action against a person. This action may only start against property in which the defendant has an interest in, and the government must prove a nexus from the property to the underlying property. For example, if the government wants to seize a vehicle from you, it must prove that the specific vehicle is connected to the crime charged.
What is civil forfeiture?
Civil forfeiture is an action brought by the government against the property only, without a criminal proceeding. This type of action is considered an in rem action.
Verified Complaint: The government has filed a verified complaint against my property, what do I do?
A verified complaint is a civil action against a particular piece of property. The government will use this strategy to seize your property without having to move forward with criminal proceedings. The strategy is to take your property while continuing to investigate a crime.
Call Almonte Law immediately. Robert Almonte handled some of the largest forfeitures in the WDTX- he knows the ins and outs of the federal forfeiture process.
The government has seized or taken my property, what should I do?
Contact Almonte Law, an asset forfeiture defense attorney, immediately. Robert Almonte is San Antonio’s premier asset forfeiture defense attorney. Robert Almonte holds unmatched experience in this field.