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Will my assets be seized if I’m convicted of a federal crime?

March 20, 2024

Getting charged with a federal crime is scary enough, but then you gotta wonder – if I’m convicted, could the government seize my assets too? It’s a fair question. The short answer is yes, they totally can under certain circumstances. Let’s break it down.

Civil Asset Forfeiture

One way the feds can snatch your property is something called civil asset forfeiture. This is when the government takes your stuff by filing a case against the assets themselves, not you. Crazy right? It’s like your car or house committed the crime.The usual targets are cash, cars, and houses that law enforcement believes are connected to criminal activity. They don’t even need to convict you of a crime first. The case is against the property, so it’s on you to prove the assets are totally legit. Good luck with that.This process has come under fire lately for being a little too aggressive. I mean the government can just take your stuff without convicting you first? Kinda shady. Many would argue it violates the whole “innocent until proven guilty” thing. But for now, it’s still legal on the federal level.

Criminal Forfeiture

Ok this one makes more sense. If you’re convicted of a federal crime like drug trafficking, fraud, or organized crime, the court can order criminal forfeiture as part of your sentence.Here the government is seizing assets because they were used to commit a crime or were gained illegally. The assets are basically considered “guilty” too.The court has a ton of power here. They can forfeit almost anything – cash, cars, businesses, houses, land, securities, even intellectual property like patents and trademarks. Yikes!However, there are some limits. The government can only take property linked to the specific crime you were convicted of. If you’re convicted of tax fraud, they can’t take your house just because they feel like it. There has to be a connection.

Fines and Restitution

Sometimes instead of forfeiting your assets, the court will order fines and restitution as part of your sentence. This means you have to pay money to the government and victims.If you don’t pay up, the government can seize assets like cash, cars, or property to cover the amounts owed. They can even garnish your wages or put liens on your bank accounts and other assets.So in this case it’s not exactly asset forfeiture, but the end result is still the government taking your stuff if you don’t pay. Not ideal.

Bankruptcy Won’t Save You

A lot of people think you can get out of criminal fines, restitution, and forfeitures through bankruptcy. Nope! These debts typically can‘t be discharged through bankruptcy.The government will get paid one way or another. Your assets are fair game if you don’t pay what you owe.

Negotiating a Deal

If you’re facing criminal charges, the best way to avoid asset seizure may be negotiating a plea deal. Many federal prosecutors will agree to not pursue forfeitures and limit fines/restitution in exchange for a guilty plea.You’ll probably still lose some assets and have to pay fines, but maybe you can hang on to your house, retirement savings, college fund for the kids, etc. It’s something to discuss with your defense attorney.

Fighting Back

If the government seizes your assets in a way you feel is unfair or illegal, you can challenge them in court. For civil forfeiture, you’d file a claim on the property and fight it out in court. For criminal cases, you can appeal the forfeiture order.It’s always an uphill battle though. The government has way more resources than the average person. You’ll need a knowledgeable attorney on your side. But sometimes you can win, especially if the seizure was questionable.

Losing Everything

At the end of the day, it is possible to lose all your assets if convicted of a federal crime. Homes, cars, businesses, retirement accounts – nothing is really off limits if the court orders it.For most average folks, having everything seized would be financially devastating. It can mean starting over from scratch. Heck, you might not even be able to afford a good lawyer to fight the charges anymore!

The Takeaway

The possibility of losing assets through forfeiture, fines, and restitution is very real if convicted of a federal crime. The key is avoiding criminal charges altogether, or negotiating a plea deal that limits fines and forfeitures.An experienced federal defense lawyer can help navigate these issues and fight back if the government seizes assets inappropriately. Don’t wait until it’s too late – get advice early on asset protection strategies.Overall the feds have broad powers to take private property linked to criminal convictions. While there are some limits, it’s a scary amount of power. So maybe don’t commit federal crimes, okay? And if you do, lawyering up ASAP is probably wise.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

Associate

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

Of-Counsel

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