Criminal Defense Lawyers

Asset Forfeiture and the Innocent Owner Defense

Asset Forfeiture and the Innocent Owner Defense

Asset forfeiture is when the government takes someone’s property because they think it was involved in a crime. This happens in both criminal and civil cases. Asset forfeiture can happen even if the property owner hasn’t been convicted of a crime.

There are some big problems with asset forfeiture. It can violate people’s rights. The government shouldn’t be able to just take someone’s stuff without proving they did something illegal first. But with civil asset forfeiture, they don’t have to prove someone is guilty first.

Lots of innocent people have their stuff taken by the police. Then they have to go to court to try to get it back. This costs money and takes a long time. People’s cars or cash get taken all the time, even if they weren’t doing anything wrong.

There are some legal defenses people can use if the government tries to take their assets. One is called the “innocent owner defense.” This is when someone says, “Hey, I didn’t know my property was being used for anything illegal, so you can’t take it.”

How Asset Forfeiture Works

There are two kinds of asset forfeiture – criminal and civil. Criminal forfeiture happens after someone gets convicted of a crime. If the court finds your property was used to commit the crime, they can take it. This makes sense – if you rob a bank, the money you stole shouldn’t be yours to keep!

Civil asset forfeiture is different. This happens in civil court, not criminal court. The government sues your property directly, not you. Your property is the defendant. Weird right? The government doesn’t have to charge YOU with a crime first. They just have to suspect your property was involved in criminal activity.

For example, let’s say the police pull you over and find $5,000 cash in your car. They think you’re going to buy drugs with it. They can take your money, even if you haven’t bought drugs yet. You haven’t been charged with a crime, but they get to keep your money anyway.

You would have to go to court to try to get it back. You’d have to prove you weren’t going to use the money for anything illegal. And this costs money for lawyers, takes lots of time, etc. Lots of innocent people just give up trying to get their stuff back. Sad!

Why People Don’t Like Civil Asset Forfeiture

Civil asset forfeiture sounds kinda unfair, right? People’s reaction is usually “Wait, the government can just take my stuff without proving I did anything wrong??” Yup, they can.

Here are some reasons civil asset forfeiture is controversial:

• Violates due process – the government can take your property without fair procedures
• Violates property rights – people have a right to their property under the Constitution
• Perverse incentives – police have a motive to take people’s assets because they get to use the proceeds
• Disproportionately affects poor/minority communities
• Hard to get seized assets back – the process is expensive and biased in the government’s favor

Because of these problems, many people think civil asset forfeiture laws need reform. Some states have passed laws to try to protect innocent property owners.

What is the Innocent Owner Defense?

Let’s say the police find drugs in your house. They want to take your house! Even if the drugs belonged to your roommate and you didn’t know about them. That doesn’t seem right, does it?

This is where the innocent owner defense comes in. It’s a legal defense people can use in asset forfeiture cases. You argue that you’re an innocent owner who didn’t know about or consent to any illegal activity involving your property.

Federal law and some state laws recognize innocent owner defenses. The property owner has to show:

• You have an ownership interest in the property
• You didn’t know about the illegal conduct, OR
• You knew about it but couldn’t stop it or didn’t consent to it

You have to prove you’re innocent – it’s not automatic. But it’s an important defense for people to protect their property rights.

How to Assert the Innocent Owner Defense

If the government tries to take your property, don’t panic! Get a lawyer who understands civil asset forfeiture defenses right away.

You’ll have to go to court and convince the judge you’re an innocent owner. It helps to have evidence you didn’t know about or consent to any illegal activity. For example:

• You weren’t present when the activity happened
• You told the person to stop the illegal activity but they didn’t listen
• You report the person to the police when you found out
• You have records showing you tried to prevent the illegal use of your property

A lawyer can help you gather this evidence and make the best case to assert innocent ownership. It’s also important to file quickly when responding to a forfeiture case. There are strict deadlines, so don’t delay.

What Happens If You Win?

If you successfully assert the innocent owner defense, you get your property back. The court orders the government to return your seized assets and stop the forfeiture.

You should also get back any rents or profits earned on the property while the government had it. For example, if they seized your rental property, you could get the rents that would’ve been paid during that time.

If you can show the seizure caused you financial harm, you may also be able to sue for damages. For example, if the government took your car and you lost wages because you couldn’t get to work.

Limits of the Innocent Owner Defense

The innocent owner defense doesn’t always work. Here are some common limitations:

• Knowledge of prior crimes – If you knew about past illegal use of your property, but didn’t consent to the current use, you may still lose.
• Willful blindness – If you deliberately ignored signals your property was being used illegally, you may lose. You can’t “turn a blind eye.”
• Drug crimes – Some state laws don’t allow an innocent owner defense for drug offenses.
• Spouses – In community property states, if one spouse commits a crime, some courts won’t protect the other spouse’s interest.

The innocent owner defense also doesn’t let you keep proceeds from illegal activity. For example, if police find $50,000 in drug money in your house, you don’t get to keep it even if you prove you’re innocent!

Key Takeaways

Civil asset forfeiture is controversial because the government can take property without charging anyone with a crime first. Innocent owners especially suffer when their property gets seized unjustly.

The innocent owner defense is an important protection. If you show you didn’t know about or consent to illegal use of your property, you can get it back. But you have to prove you’re innocent – it’s not automatic.

If the government tries to take your property, don’t delay! Call an attorney experienced with forfeiture defenses right away. You can fight back against unjust seizures using the innocent owner defense.

Asset forfeiture laws are complicated and vary between states. Get legal advice to assess your defense strategy. With an attorney’s help, you can work to protect your property rights.