Criminal Defense Lawyers

What Property Can Be Seized or Forfeited?

What Property Can Be Seized or Forfeited?

You’ve Worked Hard for Your Assets – Let’s Protect Them

So, you‘re here because you want to know what property the government can take from you, right? Well, let’s start with the bad news – they can seize pretty much anything. Cars, houses, businesses, cash, you name it.But, take a deep breath. We’re going to walk through this together. By the end, you‘ll understand exactly what‘s at risk, and how to shield your hard-earned assets from Uncle Sam‘s grasp.

The Frightening Reality of Asset Forfeiture

Here’s the deal – federal law allows the government to seize any property they believe is connected to a crime. And we‘re not just talking major drug busts or mob rackets. Stuff like:

• That boat you bought with legitimate income, but the feds think you used it to transport contraband. Poof – gone.
• The house your parents left you that the police suspect was paid for with ill-gotten gains decades ago. Seized.
• Even the cash in your bank account could vanish if they decide, rightly or wrongly, it’s tied to criminal activity.

Sound crazy? It is. But this heavy-handed practice – called civil asset forfeiture – is 100% legal. The kicker? They don’t even need to charge or convict you of a crime to take your property.

“Wait, what did you say? They can take my stuff without proving I did anything wrong?”

Yep, you heard right. With civil forfeiture, your property is essentially guilty until you prove its innocence. The burden is on you to demonstrate your assets came from legitimate sources.

The Three Flavors of Federal Forfeiture

Okay, let’s break this down. There are three main ways the feds can try to take your property:

1) Criminal Forfeiture

In these cases, prosecutors tack on a forfeiture request as part of criminal charges against you. If convicted, you’ll likely lose any assets tied to the alleged crimes as part of your punishment.For example, get busted for running an illegal gambling ring, and the government could seize your home, cars, computers – anything they argue facilitated the operation or was purchased with gambling proceeds.

2) Civil Judicial Forfeiture

This is where things get really messy. With civil judicial forfeiture, the government sues your property directly – not you as the owner.It’s an “in rem” proceeding, meaning the actual assets are considered the offender. So the case would be styled something like “United States v. $127,000 in Cash.”To prevail, prosecutors just need to show a preponderance of evidence (i.e. more likely than not) linking your property to criminal conduct. A very low bar compared to proving guilt beyond reasonable doubt.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Google rating score: 4.9 of 5, based on 736 reviews

3) Administrative Forfeiture

The most pernicious form, administrative forfeiture lets agencies like the FBI, DEA or IRS simply declare your property forfeited.They don‘t even need to go to court first – they just send you a notice saying they’ve taken your stuff. It‘s then on you to challenge their determination by filing a formal claim and potential lawsuit.If you miss the tight deadlines or fail to follow strict procedures, too bad – you may automatically lose your property by default.

“Sorry, if that didn’t make sense. Let me put it simply – the government has multiple avenues to take your assets, even without charging you with a crime. It’s an incredibly stacked process against property owners.”

What Property Is Fair Game?

The short answer? Just about anything and everything:

• Cash and Bank Accounts: If the feds think your money derived from illegal activities like drug trafficking or fraud, they can freeze and eventually forfeit it.
• Vehicles: Cars, trucks, motorcycles, boats, aircraft – all potential targets if allegedly used to transport contraband or facilitate crimes.
• Real Estate: Your home, rental properties, land, businesses – real estate of any kind is fair game under certain circumstances.
• Personal Property: Jewelry, art, collectibles, electronics – luxury goods and valuables are also vulnerable to seizure.
• Businesses and Investments: Authorities can even take entire companies, stocks, bonds, and other financial instruments they deem to be criminal proceeds.

The only main exception is property classified as “contraband” like illegal drugs or weapons. Those will automatically be confiscated if found.For everything else, it comes down to the government‘s ability to establish a supposed nexus between the property and some illegal conduct.