Criminal Defense Lawyers

How Forfeiture Works in Queens Federal Drug Cases

Overview of Forfeiture in Queens Federal Drug Cases

Forfeiture is the process by which property connected to criminal activity can be seized by law enforcement and forfeited (permanently taken away) from the owner. This often happens in federal drug cases prosecuted in Queens when property is believed to have facilitated drug crimes or been obtained with proceeds from drug crimes.There are two main types of forfeiture – criminal forfeiture and civil forfeiture. Criminal forfeiture happens after someone is convicted on federal drug charges, while civil forfeiture can happen regardless of a criminal conviction if there is evidence the property is connected to drug activity.Forfeiture can be a complex process with serious consequences. Anyone facing potential forfeiture of their cash, cars, homes, or other property in Queens federal drug cases should understand the process and consult an experienced criminal defense lawyer.

How Criminal Forfeiture Works

Criminal forfeiture is done as part of the sentencing following a federal drug conviction. This means prosecutors must first secure a conviction on felony federal drug charges, then seek to forfeit property connected to the crime.To forfeit property criminally, prosecutors must establish a “nexus” between the property and the crime beyond a reasonable doubt. This means showing the property was used to facilitate the drug offense or that it represented proceeds from drug sales.Types of property subject to criminal forfeiture include:

• Cash proceeds from drug sales
• Vehicles used to transport drugs or conduct deals
• Homes or businesses used to store or sell drugs
• Bank accounts derived from drug proceeds
• Other valuables purchased with money from drug sales

Criminal forfeiture can only be pursued after conviction on the federal drug charges. The judge determines if prosecutors have established the required link between the seized assets and the convicted drug crime. If so, the judge will issue a forfeiture order along with the sentence.

How Civil Forfeiture Works

Unlike criminal forfeiture, civil forfeiture does not require a criminal conviction and has a lower legal burden of proof. Law enforcement can pursue civil forfeiture if they believe property was involved in drug activity or represents illicit proceeds. The property itself is considered the defendant in civil forfeiture cases.To forfeit property civilly, the government must show “probable cause” of a connection between the assets and drug crimes. This is easier to establish than the “beyond a reasonable doubt” standard for criminal forfeiture.Common assets targeted for civil forfeiture include:

• Cash, especially amounts over $5,000
• Cars, boats, and other vehicles
• Homes where drug activity allegedly occurred
• Bank accounts with suspicious transactions
• Businesses suspected of selling drugs

With civil forfeiture, property owners have limited defense options to contest the seizure. Most cases end in negotiated settlements where owners agree to forfeit part of the assets. If no settlement is reached, the government must prove its case in a civil bench trial.

Forfeiture Risks in Queens Federal Drug Cases

Queens has seen increased federal law enforcement focus on drug crimes in recent years. With this comes heightened risk of forfeiture for any cash, vehicles, electronics, jewelry and real estate connected to alleged drug activity.Even if no drugs are found, forfeiture is still possible. Assets purchased with presumed drug proceeds or used indirectly to assist drug crimes can be seized. For example, a car containing no drugs can still be taken if driven to alleged deals.Complying with forfeiture or accepting a settlement without legal advice is very risky. Innocent owners could lose property permanently despite no conviction or proven connection to crimes.Those charged federally for drug crimes in Queens should expect prosecutors to pursue both criminal and civil forfeiture very aggressively. This makes skilled legal help essential.

Fighting Forfeiture in Queens Federal Drug Cases

Retaining experienced criminal defense counsel is critical to challenge forfeiture in Queens federal drug cases. Key legal strategies lawyers can deploy include:

• Fighting probable cause – In civil forfeiture, lawyers can argue the government failed to demonstrate initial probable cause justifying the seizure. This can get assets returned without further proceedings.
• Asserting innocent owner defense – Those whose property was taken without their knowledge of illegal use can assert innocent owner claims. This also applies when illegal use was done without the owner’s consent.
• Negotiating return of assets – Skilled attorneys can often negotiate agreements with prosecutors to get some or all property back without litigation. This leverages procedural problems or evidentiary weaknesses on the government’s side.
• Going to trial – In both civil and criminal forfeiture, asserting and proving a defense at trial may defeat the forfeiture. While the government has legal advantages, their case is not bulletproof.

Relying on public defenders or going at it alone without legal advice usually leads to disastrous results in forfeiture cases. Federal prosecutors have all the resources and leverage under current asset forfeiture laws. Retaining experienced criminal forfeiture lawyers levels the playing field and gives property owners a fighting chance to keep their assets and defeat forfeiture attempts whenever possible under the law.

Resources

For more information on federal forfeiture in drug cases, check out the following legal resources:

• Overview of federal asset forfeiture laws from the Department of Justice
• Analysis of civil vs criminal forfeiture from the Institute for Justice
• New York Times article on policing for profit through forfeiture proceedings
• Video overview of how forfeiture works from attorney Nick Oberheiden
• Reddit threads on fighting civil forfeiture in New York