Protecting your assets
Asset forfeiture is the legal process in which ownership of seized property transfers from its original owner to the Government. This a permanent, not a temporary, act. It is important to keep in mind that seizure does not automatically mean that the property has been forfeited to the Government, though it is the first step. Once private property has been seized, a legal process is set in motion that allows ownership of the property to be transferred from the original owner to the Government.
Once property has been seized - the most common being bank accounts, currency and real estate – the Government has a specific amount of time in which to set the process in motion. If it fails to do so, the property must be returned.
Civil forfeiture occurs in cases where there is no criminal prosecution. This typically occurs when law enforcement seizes property, but chooses not to prosecute the owner, sometimes due to lack of evidence. It is not uncommon for prosecutors to file civil asset forfeiture cases, while declining to prosecute a person for an actual crime, as the evidentiary standards for civil cases are significantly lower.
Civil asset forfeitures can be challenged in court and a good defense can make the difference between losing and keeping the asset, and may afford the ability to negotiate an out-of-court settlement with the Government.
The most common defense in an asset forfeiture case is "Innocent Owner." This refers to a situation in which a person owns a piece of property or instrumentality that was used for crime without his or her knowledge.
There are a number of actions a lawyer can take, however, forfeiture cases are governed by very strict timelines. If you fail to act quickly, you may end up waiving your right to make a claim.
Consultations with a lawyer are always confidential. Criminal lawyer Jay White defends clients in asset forfeiture cases in Miami-Dade and federal courts.
Asset Forfeiture FAQ
Asset forfeiture is the legal process in which ownership of seized property transfers from its original owner to the Government. Asset forfeiture is a permanent, not a temporary, act.
All private property, including real estate, bank accounts currency, boats and aircraft, is subject to civil forfeiture when the Government alleges that the property is connected with a criminal act.
The step before asset forfeiture, seizure does not automatically mean that the property has been forfeited to the Government. However, property is often seized without notice to the owner as the Government fears it will be deposed of once knowledge of its seizure becomes known. While assets must be seized in a timely manor, there is still time to act before they are forfeited.
If your property has been seized, it is vital to consult with a lawyer as soon as possible as there is still a possibility to act before forfeiture. There are a number of actions a lawyer can take, however, forfeiture cases are governed by very strict timelines. If you fail to act quickly, you may end up waiving your right to make a claim.
Civil forfeiture occurs in cases in which there is no criminal prosecution. This typically happens when law enforcement seizes property, but chooses not to prosecute the owner, sometimes due to lack of evidence. It is not uncommon for prosecutors to file civil asset forfeiture cases, while declining to prosecute a person for an actual crime, as the evidentiary standards for civil cases are significantly lower.
In criminal forfeiture only property that was used for or produced by criminal activity may be forfeited. For example, a boat used to import cocaine into the United States can be forfeited.
Civil asset forfeitures can be challenged in court and a good defense can make the difference between losing and keeping the asset, even affording the ability to negotiate an out-of-court settlement with the Government.
The most common defense in an asset forfeiture case is "Innocent Owner." This occurs when a person owns a piece of property that was used for crime or represents the proceeds of crime, but has no knowledge of the criminal conduct.
There are a number of actions a lawyer can take, however, forfeiture cases are governed by very strict timelines. If you fail to act quickly, you may end up waiving your right to make a claim.