Understanding the Threat to Your Assets
If you are facing a legal issue of any kind, keep in that United States Attorneys and your local state attorneys may choose to aggressively attempt to force you to forfeit your accumulated assets during the legal process and as it continues. They want to take the money you’ve worked hard to earn that they believe may have earned by illegal means. Doing so can have severe consequences. If they take what you’ve earned this can make it hard for you to afford a good legal defense. Many attorneys working for the state and national government are determined to use all legal means to take away your assets. This is why you need to know what they are planning, what laws apply to you and how best to fight off such issues. You have rights in this matter.
Timing Issues
It is imperative to keep in mind that timing can affect all that happens when it comes to assets in your case. All prosecutors are required by law to meet certain deadlines. Federal law requires all government officials to provide notice to the parties of their intended desire to seize any assets in no more than sixty days from the intend to carry out this process. If this procedure is not followed according to these rules, it is possible to get this dismissed.
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(212) 300-5196Keep in mind this process can happen very quickly. If you do not act fast, you might find your assets are lost to the federal government in as little as thirty days from start to finish. This is one of many reasons why it is imperative to act as quickly as possible once this process is in place. Otherwise, it may be really hard if not impossible to get your assets back from the government.
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
You receive a notice that the government has filed a civil forfeiture action against your bank accounts, vehicle, and home, claiming they are connected to alleged criminal activity — even though you haven't been convicted of any crime. The seized assets include your family's primary residence and the savings account you use to pay for your children's education.
Can the government really take my property through forfeiture without ever convicting me of a crime, and what can I do to fight back?
Under federal civil forfeiture laws, the government can seize property it believes is connected to criminal activity without securing a criminal conviction, placing the burden on you to prove your assets were legally obtained. However, you have significant legal protections — the Civil Asset Forfeiture Reform Act (CAFRA) of 2000 requires the government to establish a substantial connection between the property and the alleged offense by a preponderance of the evidence. You may also raise an "innocent owner" defense under 18 U.S.C. § 983(d), which can protect your property if you can demonstrate you had no knowledge of or involvement in the alleged illegal conduct. An experienced forfeiture defense attorney can challenge the government's timeline, contest the nexus between your assets and any alleged criminal activity, and file claims to recover seized property before permanent forfeiture occurs.
This is general information only. Contact us for advice specific to your situation.
