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Philadelphia Federal Asset Forfeiture in Criminal Cases: Drugs, Fraud, RICO
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Philadelphia Federal Asset Forfeiture in Criminal Cases: Drugs, Fraud, RICO
Asset forfeiture is a big deal in Philadelphia. Local, state, and federal law enforcement use it all the time to seize money, cars, houses, and other stuff from people accused of crimes. The idea is to take away the tools and proceeds of illegal activity. But asset forfeiture rules are also controversial and can impact innocent folks too.
How Federal Forfeiture Works
Federal forfeiture happens through something called civil asset forfeiture. This means police can take your assets, like cash or cars, without formally charging you with a crime . They just need to suspect the stuff is connected to criminal activity somehow.
The federal agencies that do this type of seizure in Philly are the FBI, DEA, ATF, and Homeland Security. They don’t need a criminal conviction to take your assets. And it can be really hard to get your stuff back once they take it.
A lot of federal forfeitures in Philadelphia are connected to drug cases. The DEA and FBI do most of these. The agencies can seize money, vehicles, houses, businesses, bank accounts, jewelry, and other valuables if they suspect it’s tied to drug crimes in any way .
For example, if the cops find you with a bunch of cocaine and $5,000 cash, they can assume the money came from selling drugs. They’ll seize it through forfeiture. You don’t have to be charged or convicted for this to happen.
The same goes for expensive cars, houses, etc. Basically anything the feds think you bought with dirty money can be seized. And you have to fight to get it back.
Innocent Owner Defense
Sometimes federal agencies seize assets from people not even accused of a crime though. This happens a lot with cars. For example, if I let my buddy borrow my BMW and he gets busted with drugs, the DEA could seize my car!
Luckily, there is something called the “innocent owner defense” I could use here. It’s basically where I argue there’s no way I knew about or consented to the illegal activity. And I did everything reasonable to prevent misuse of my property .
This can get my BMW back. But I’d need a lawyer and have to fight for it. The defense doesn’t always work either. So it’s still really unfair and sucks even for innocent folks.
Forfeitures for Fraud and Financial Crimes
Seizures also happen a lot in fraud, money laundering, and other financial crime cases. This includes things like investment fraud, mortgage fraud, embezzlement, tax evasion, etc. The FBI and IRS do most of these forfeitures .
They’ll seize assets like cash, bank accounts, businesses, real estate, cars, boats, and anything else they think you bought with the dirty money or used to commit the crimes.
RICO Charges
A powerful tool federal agents use in these white collar cases is called RICO. That stands for Racketeer Influenced and Corrupt Organizations. RICO is an anti-mafia law that treats criminal conspiracies like a business.
So prosecutors can charge all members of a “criminal enterprise” for crimes others commit. That exposes everyone to forfeitures too. One member’s assets get seized, everyone’s assets get seized. So RICO is used to attack entire networks of financial criminals in Philly .
Fighting Federal Forfeiture Cases
It’s really hard, but sometimes you can fight back when the feds seize your assets. Hiring a lawyer who knows federal forfeiture laws is important.
You can challenge the seizure itself through an administrative process. Or you can make constitutional arguments against forfeiture in court. For example, some defenses argue forfeiture violates due process or the 8th amendment .
It comes down to having enough evidence, resources, and legal support. That’s what gives you a decent shot at getting your stuff back.
State vs Federal Forfeiture
One last thing to mention is local police can seize assets too under state laws. This also happens a lot in Philly. The process is similar to federal forfeiture but goes through local DAs instead of the U.S. Attorney’s Office.
The rules vary between federal and state forfeiture. It gets really complicated with both involved! So again, lawyers are needed to navigate getting your stuff back.
Sources:
ACLU Pennsylvania – Asset Forfeiture Overview
Department of Justice – Types of Federal Forfeiture
Department of Justice – Innocent Owner Defense
Eastern District of Pennsylvania U.S. Attorney’s Office – Mortgage Fraud Case Example
Eastern District of Pennsylvania U.S. Attorney’s Office – Mortgage Fraud Case Example (RICO)
Institute for Justice – Philadelphia Forfeiture Class Action Lawsuit