Criminal Defense Lawyers

Federal Asset Forfeiture Defense Attorney

Understanding Federal Administrative Asset Forfeiture: How to Protect Your Assets

If a federal agency accuses you of criminal activity, it may try to seize your assets administratively without involving the court system. This process is known as federal administrative asset forfeiture. As a property owner, you have important due process rights that must be protected if a government agency wants to seize your assets through administrative forfeiture.

In this article, we will explore what administrative asset forfeiture is, which federal agencies are authorized to conduct it, and how a federal asset forfeiture defense attorney can help protect your rights in these types of cases.

What is Federal Administrative Asset Forfeiture?

Federal administrative asset forfeiture is a legal proceeding that occurs outside of court and is conducted by various federal agencies such as the Drug Enforcement Administration (DEA), the Department of Justice (DOJ), the Bureau of Alcohol, Tobacco, and Firearms (ATF), or the Internal Revenue Service (IRS). The rules governing administrative forfeitures allow these agencies to simplify and expedite the process of seizing assets obtained from criminal activities or used for perpetrating crimes.

While not inherently illegal, many defendants do not contest administrative asset forfeitures because they have experienced the one-sided nature of these proceedings that often deprive property owners of their rights. If you are facing an administrative asset forfeiture claim against your property, it is essential that you work with an experienced federal asset forfeiture defense attorney who understands the applicable laws and regulations.

Federal Agencies Authorized to Conduct Administrative Forfeitures

Administrative asset forfeiture falls under 19 U.S.C. § 1607. Federal agencies that can carry out this process include:

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.

Load more

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

– Drug Enforcement Administration
– Department of Justice
– U.S. Customs and Border Protection
– Bureau of Alcohol, Tobacco, Firearms and Explosives
– Internal Revenue Service

Administrative Forfeiture Vs Judicial Forfeiture

The main difference between administrative asset forfeiture and judicial forfeiture comes down primarily on the degree of involvement of the court system. While administrative asset forfeiture is a process conducted by government agencies that do not require going to court, judicial forfeiture can only happen through the established legal channels in civil or criminal trials.

Real estate cannot go through administrative forfeiture because it requires a hearing before having possessions taken away by the government. On the other hand, judicial forfeiture is necessary when a non-real estate item is valued over $500,000. If your assets have been seized by any Federal agency mentioned above, reach out to an experienced federal asset forfeiture attorney.

The Forfeiture Notice

Agencies intending to seize and forfeit property must begin by sending a notice of their intent. Simultaneously, they must publicize their notice on their website. You should respond promptly upon receipt of this letter and hire an attorney who can help guide you through the process of contesting your seizure or assist with working out alternatives like obtaining ownership back through negotiations.

Civil Asset Forfeiture Reform Act

The Civil Asset Forfeiture Reform Act was passed in 2000 and made changes to rules governing administrative forfeitures.

Under these laws:

– A federal agency that seizes assets must begin the administrative forfeiture process within a set period and give claimants time to file claims.
– The government must respond within a set time if a claim is filed.
– The property owner has limited rights set at receiving notification of seizure after which they must take specific action promptly.

Get Help With Fighting Administrative Asset Forfeiture

A federal administrative asset forfeiture defense lawyer might challenge this kind of seizure in different ways depending on the specifics of each case. A few examples are listed below;

If deemed necessary:

– Challenging impounding agents’ claim that there is probable cause for forfeiture
– Improper warning given during seizure
– Asserting Innocent Owner Defense
– Obtaining protection under Eighth Amendment relating to fines

Defending against an administrative asset forfeiture often requires the services of a seasoned federal administrative asset forfeiture attorney. With so much at stake, you need an attorney who can identify and challenge weak points in the government’s case against you.

If you receive notice from a government agency intending to seize and forfeit your assets under administrative forfeiture laws, don’t wait until it’s too late. Get in touch with an experienced attorney who can fight to ensure that your constitutional rights are protected during this process.

Conclusion

Administrative asset forfeiture might be necessary under certain circumstances, but property owners always need to protect their interests and their rights under these proceedings. If faced with a motion for an administrative asset forfeiture, consult the right legal counsel familiar with these cases immediately; if you wait too long or act on time, you could risk losing your property forever. Hire reliable legal help and seek guidance covering all areas to keep your possessions safely at hand.