Asset Forfeiture Defense
Defense against federal civil and criminal asset forfeiture actions.
Understanding Asset Forfeiture Defense
Federal asset forfeiture is a powerful government tool that allows the seizure and permanent confiscation of property connected to criminal activity. Forfeiture can be criminal (following a conviction) or civil (without requiring a criminal conviction at all). The federal government seizes billions of dollars in assets annually through forfeiture proceedings, and the consequences for individuals and businesses can be devastating. Our firm defends clients in both criminal and civil forfeiture proceedings, fighting to protect their property and financial security.
Criminal vs. Civil Forfeiture
Criminal forfeiture is imposed as part of a criminal sentence following conviction. The government must prove that the property is connected to the offense of conviction beyond a reasonable doubt. Civil forfeiture, on the other hand, is an action against the property itself (in rem) and does not require a criminal conviction. In civil forfeiture, the government need only prove by a preponderance of the evidence that the property is connected to criminal activity. This lower burden of proof makes civil forfeiture a controversial but frequently used tool.
What Property Can Be Forfeited
Federal forfeiture statutes authorize seizure of a wide range of property, including cash and bank accounts, real estate (homes, investment properties, commercial buildings), vehicles, jewelry and luxury goods, business assets and inventory, cryptocurrency, and any other property that constitutes or is derived from proceeds of specified criminal activity, or that was used or intended to be used to facilitate the offense. The scope of forfeiture can be breathtaking, potentially encompassing everything a defendant owns.
Defense Strategies in Forfeiture Cases
Defending against forfeiture requires challenging the government’s evidence connecting the property to criminal activity, establishing legitimate sources of funds, asserting innocent owner defenses, and challenging the proportionality of the forfeiture under the Eighth Amendment’s Excessive Fines Clause. In criminal cases, we fight forfeiture allegations at every stage, from pretrial restraint through the forfeiture hearing. In civil cases, we file claims and contest the government’s case at an adversarial hearing.
If your assets have been seized or are at risk of forfeiture, time is critical. Deadlines for filing claims in civil forfeiture cases are strict, and failure to respond can result in default judgment and permanent loss of your property. Contact our firm immediately to discuss your options.
Potential Penalties
| Offense Level | Penalties |
|---|---|
| Criminal Forfeiture | All proceeds and property connected to the offense of conviction |
| Civil Forfeiture | Property connected to crime; no conviction required |
| Pretrial Restraint | Government can freeze assets before trial to preserve them for forfeiture |
| Substitute Assets | Government can seize other property if original proceeds are unavailable |
Defense Strategies We Use
The Federal Criminal Process
Understanding what happens next is critical. Here is a step-by-step overview of the federal criminal process — and where an experienced attorney can make the biggest impact.
Investigation
Federal agencies (FBI, DEA, IRS) build a case. You may not know you're under investigation. Early attorney involvement can make a critical difference.
Grand Jury
A federal grand jury reviews evidence and decides whether to issue an indictment. This happens in secret — you won't be present.
Indictment
Formal charges are filed. The indictment outlines each count and the statutory penalties you face.
Arraignment
Your first court appearance. You enter a plea (typically not guilty), and bail conditions are set.
Discovery
Both sides exchange evidence. Your defense team reviews thousands of pages of government documents, wiretaps, and financial records.
Pre-Trial Motions
Critical phase where your attorneys file motions to suppress evidence, dismiss charges, or compel disclosure.
Plea Negotiations
Most federal cases resolve through plea agreements. Your attorney negotiates for reduced charges or sentencing concessions.
Trial
If no plea is reached, the case goes before a jury. Federal trials are typically shorter but more intense than state trials.
Sentencing
The judge considers the Federal Sentencing Guidelines, your criminal history, and mitigating factors to determine your sentence.
Appeal
If convicted, you have the right to appeal to the Circuit Court. Appeals focus on legal errors, not factual disputes.
Frequently Asked Questions
Todd Spodek in the Media
Watch our managing partner discuss criminal defense strategy on major news networks.
Sentencing Calculators for Asset Forfeiture Defense
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