So your probably staring at a seizure notice from FBI or DEA saying there taking your house, car, or bank accounts. Maybe your vehicle was stopped and cash seized. Maybe there’s a warrant for your business accounts. Or maybe you just learned your property is being forfeited even though YOU weren’t charged with any crime. Look, we get it. Your ABSOLUTELY OUTRAGED by the injustice. And you should be TERRIFIED! Because civil asset forfeiture doesn’t require criminal conviction – government can take your property and keep it FOREVER based on mere suspicion!
What Is Federal Asset Forfeiture?
Let me explain the legalized theft your facing. Asset forfeiture allows government to seize property allegedly connected to crimes – even without charging or convicting the owner!
Two types exist with VERY different rules! Civil forfeiture is lawsuit against your PROPERTY (not you) claiming it facilitated crimes or is proceeds of crimes! Criminal forfeiture is part of criminal prosecution against person! The distinction matters hugely for your rights!
Here’s what’s really scary – equitable sharing program incentivizes seizures by letting local police keep up to 80% of forfeited property! Police departments literally profit from taking your stuff! It’s policing for profit! We’ve seen agencies budget anticipated forfeiture revenue!
Federal agencies seized over $4 BILLION in assets in recent years! Cars, homes, businesses, bank accounts, cryptocurrency, jewelry – EVERYTHING subject to seizure! One client had $50,000 cash seized during traffic stop – never charged with crime, still lost money!
What Property Can Be Forfeited?
The scope of forfeitable property is MASSIVE and expanding!
Proceeds from criminal activity – money, property, anything of value derived from crimes! Used car to transport drugs? Vehicle forfeited! Deposited drug money in bank? Account forfeited! Bought house with fraud proceeds? Home forfeited!
Property that “facilitated” crimes is even broader! Car used to drive to drug deal? Facilitated! Phone used to arrange fraud? Forfeited! Home where conspirators met? Subject to forfeiture! The facilitation standard is RIDICULOUSLY low!
Need Help With Your Case?
Don't face criminal charges alone. Our experienced defense attorneys are ready to fight for your rights and freedom.
- 100% Confidential
- Response Within 1 Hour
- No Obligation Consultation
Or call us directly:
(212) 300-5196Substitute assets when proceeds are gone! Spent drug money on vacation? Government gets equivalent value from other assets! Transferred fraud proceeds to family? They trace and seize! Can forfeit traceable proceeds OR money judgment for equivalent amount!
Third-party property also vulnerable! Your car loaned to friend who commits crime? Can be forfeited! Your house where family member dealt drugs without your knowledge? Potentially forfeited! Burden on YOU to prove innocent owner!
How Does Civil Forfeiture Work?
Civil forfeiture is DESIGNED to bypass constitutional protections!
Case filed against property itself – “United States v. $50,000 in U.S. Currency”! Your not the defendant – your money is! Weird legal fiction allows lower burden of proof and fewer rights!
Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Government only needs “probable cause” property connected to crime – NOT proof beyond reasonable doubt! Preponderance of evidence standard! If government shows 51% likelihood property is forfeitable, they win! Much easier than criminal conviction!
Federal agents execute a search warrant at your medical practice, seizing patient records and prescription logs.
Can they take patient records without patient consent?
A valid federal search warrant overrides HIPAA privacy protections. However, the warrant must be properly scoped. An attorney can challenge overly broad warrants and move to suppress improperly seized evidence.
This is general information only. Contact us for advice specific to your situation.
You have NO right to appointed counsel in civil forfeiture! Can’t afford lawyer? Represent yourself or lose property! We’ve seen people lose homes because they couldn’t afford attorneys!
Worse – burden shifts to YOU! After government shows probable cause, YOU must prove property is innocent! Must affirmatively establish innocent owner defense or property is gone!
