Forfeiture is the seizure by the Government of any asset, money, real property, jewelry, firearms, automobiles, boats, and airplanes that are connected to criminal activity. Assets that are forfeited to the Government are considered separate from fines or restitution that might be ordered in a criminal case. An asset could be forfeited if it is used in the commission of a crime or if it was purchased with proceeds from criminal activity.

CIVIL FORFEITURE

There are two types of forfeiture in criminal law: civil and criminal forfeiture. Civil forfeiture can proceed independent of any criminal investigation. A Federal law enforcement agency might seize a large amount of cash in the trunk of a car on suspicion that it was going to be used to buy drugs. Without arresting anyone, the arresting agency, for instance DEA, ICE, FBI will take the money, and depending upon the amount seized, they can proceed through an administrative forfeiture or go to Court to seek a judicial forfeiture. Typically, if the amount seized is less than $100,000.00, the Federal law enforcement agency can proceed with an administrative forfeiture. Otherwise, the U.S. Attorney’s Office will file a civil complaint in Federal Court.

The first step in an administrative forfeiture occurs when the Federal law enforcement agency sends a Notice of Seizure to anybody they reasonably believe might want to claim the property seized. That Notice will typically give a person 20 days to file a claim. The person filing the claim must prove their entitlement to the asset seized, and its lack of connection to any criminal activity. If the Federal law enforcement agency rejects the claim, then it must file a civil complaint in Federal Court.

A civil complaint in Federal Court is brought against the property seized. In essence, the Government would be “accusing” the “thing” (res) of being forfeitable because of its connection to criminal activity. In order to retrieve property subject to forfeiture, persons claiming an interest must establish that they are an “innocent owner”. In Federal Court, the Government merely has to show probable cause that the subject property is connected to criminal activity. The burden is on the Claimant to prove innocent ownership. The cases are litigated under the Federal Rules of Civil Procedure. The Claimant will need to testify and produce documents in order to succeed in Court.

An experienced criminal defense lawyer should be used in any civil forfeiture case. Frequently, the Government will seize property that it really has little information about, and then see who comes to claim it. Those claims are then investigated by Federal law enforcement, and sometimes result in criminal indictments. The guiding hand of an experienced criminal defense lawyer is necessary to pursue any claim for property in civil forfeiture.

CRIMINAL FORFEITURE

Criminal forfeiture can occur as part of a criminal prosecution. There are certain crimes that specifically provide for the forfeiture of assets connected to the criminal activity. These would include money and property seized in connection with narcotics trafficking, money laundering, RICO, and Federal firearms violations. The Government is entitled to file liens on property that could be subject to forfeiture when the indictment is returned. Many criminal defendants find themselves handicapped in their defense if the Government has put liens on all their properties before their trial. Aggressive defense counsel will need to know how to contest those heirs in order to free up the defendant’s resources for his defense.

In a case where the Government has added forfeiture counts to the indictment, the case is bifurcated for trial. A conviction on criminal charges is a prerequisite to a criminal forfeiture. If, after a trial, the defendant is found guilty, then there will be a separate proceeding to determine whether the assets listed in the forfeiture count should be forfeited. That subsequent proceeding can be front of the same jury or, depending upon the legal issues, the parties might agree to have the forfeiture counts decided by the Court.

Charles G. White has handled both civil and criminal forfeitures throughout his career. In one notable case, Mr. White was able to defeat a civil forfeiture against a marital home used by the husband to store illegal drugs. He was representing the wife, and proved that she was an “innocent owner”, and that because she owned the home with her husband, was entitled to all of it, not just half. Mr. White has the knowledge and experience to get the best possible result in forfeiture cases.

Obtain Legal Assistance

If you or someone you know is accused of a Federal crime, it is imperative that you work with an attorney who has experience in these cases. Charles G. White has represented hundreds of clients in Federal Courts throughout the United States. He has the experience and knowledge essential to obtain the best possible result. Charles G. White. He has over 34 years of experience with these types of cases and will defend you and your rights.