Philadelphia Federal Criminal Asset Forfeiture FAQs: Property Seizure

Philadelphia Federal Criminal Asset Forfeiture FAQs: Property Seizure

Having your property seized by the government can be a scary and confusing experience. This article aims to answer some frequently asked questions about federal criminal asset forfeiture in Philadelphia to help people better understand the process and their rights.

What is federal criminal asset forfeiture?

Federal criminal asset forfeiture is when the government seizes property that was involved in certain federal crimes. The Department of Justice says this serves to deprive criminals of proceeds from their crimes, break the financial backbone of criminal organizations, and compensate victims.

Criminal forfeiture happens after someone has been convicted of a federal crime. The forfeiture is part of their criminal sentence. So there has to be a criminal conviction first.

What types of crimes can lead to criminal forfeiture in Philadelphia?

There are many federal laws with forfeiture provisions. But some major ones include:

• Drug crimes – Forfeiting property like money, vehicles, or real estate connected to drug trafficking or manufacturing crimes.
• Fraud crimes – Forfeiting unlawfully obtained money or property from various fraud schemes.
• Money laundering – Forfeiting money or assets involved in transactions to conceal criminal profits.
• Child exploitation crimes – Forfeiting property used in sexual exploitation of children.

So if someone is convicted of one of these federal crimes in Philadelphia, the government can seize their assets connected to it as part of their sentence.

How does the federal criminal forfeiture process work?

The process has several key steps:

1. Federal prosecutors give notice of intent to forfeit assets in the indictment outlining charges against the defendant.
2. If convicted at trial or pleading guilty, the defendant’s sentence includes forfeiting specified assets.
3. The Philadelphia U.S. Attorney’s Office then manages liquidating the assets through the Department of Justice forfeiture program.
4. Forfeited money goes into various federal funds, like victim compensation programs.

So prosecutors first have to connect certain property to the alleged crimes, which gets forfeited after conviction as part of the criminal sentence.

What types of assets can be criminally forfeited?

Prosecutors can seek to forfeit almost any type of property, including:

• Money – This includes physical currency or money held in bank accounts that comes from criminal activity.
• Real estate – Houses, land, or commercial buildings connected to the federal crime.
• Vehicles – Cars, trucks, boats or planes used to commit or facilitate the crime.
• Businesses – Companies that engage primarily in illegal activity or launder money can be forfeited.
• Collectibles – Artwork, jewelry, antiques, etc. bought with laundered funds or used to hide them.

The key is tracing this property back to the convicted federal crime or proving it was used to facilitate the crime.

Can property be seized before conviction in a criminal case?

Yes, federal law enforcement can seize property before someone’s trial if they can demonstrate probable cause it’s subject to forfeiture. A federal judge has to approve seizing assets before conviction.

However, the assets are only forfeited as part of a sentence after conviction. If the charges don’t result in a conviction, or the seized property isn’t connected to the crime, it has to be returned.

What happens to forfeited assets in Philadelphia?

The U.S. Marshals Service handles liquidating forfeited property into cash proceeds. The Philadelphia U.S. Attorney then manages distributing those criminal forfeiture funds, which includes:

• Compensating identified victims affected by the crimes.
• Reimbursing agencies for investigations and prosecutions.
• Supporting community programs, like drug treatment centers.
• Contributing to federal funds, like the Justice Department’s Asset Forfeiture Fund.

Forfeited money can’t be used for the personal benefit of prosecutors or law enforcement.

Can someone challenge or appeal a criminal forfeiture order?

Yes, a person can challenge forfeiture of their property in several ways:

• Filing a petition asserting a legal interest in seized property.
• Appealing the forfeiture order within the criminal case sentencing.
• Bringing a collateral challenge later even if the conviction still stands.

There are deadlines for petitions and appeals. But the court has to hear legitimate challenges to forfeitures before final orders to seize property.

How is criminal forfeiture different from civil forfeiture?

Civil forfeiture does not require criminal charges or convictions. Law enforcement can pursue civil forfeiture of assets connected to crime even if no one is prosecuted.

Criminal forfeiture only happens after someone’s conviction as part of their sentence. The government has a higher burden of proof demonstrating the asset’s link to the crime.

Philadelphia previously had a widespread civil forfeiture program that seized assets from thousands of people without convictions. But recent legal settlements imposed major reforms, like shifting to criminal proceedings.

What should I do if federal agents want to seize my property?

You have constitutional rights in asset forfeiture cases and should consider taking these steps:

• Politely decline to discuss your case with federal agents without a lawyer present.
• Consult asset forfeiture defense attorneys as early in the process as possible.
• Determine what type of forfeiture case you face – civil or criminal.
• Start gathering documents showing your lawful interest in seized property.
• Consider negotiating return of assets if charges aren’t filed yet.

An experienced attorney can advise on the best defense strategy for your situation. But don’t wait to assert your rights.

The government has strong forfeiture powers. But legal safeguards protect property rights even in criminal cases. With prompt legal help, you may limit or overturn seizures yielding better outcomes.

This article aimed to overview key issues in federal criminal forfeitures in Philadelphia. But having your property at risk is scary no matter what. Connect with a qualified lawyer to understand your defense options and protect your rights during this difficult process.

Disclaimer: This article presents general information only and does not constitute formal legal advice. Consult experienced counsel about how forfeiture laws apply to your specific case.