Federal Forfeiture Proceedings Lawyer

Federal Forfeiture Proceedings Attorney

Whether you’ve been convicted of a crime or have no knowledge of illegal activity, your assets, including money and property, may be vulnerable to federal forfeiture. In such situations, you need the expertise of an experienced federal criminal defense lawyer in Miami to protect your rights and fight against unjust seizure of your assets.

At Law Offices of Barry M. Wax, we focus on your defense with personalized attention and decades of experience in South Florida. Protect your rights—contact us today for legal support.

What Is Federal Forfeiture?

Federal forfeiture, or asset forfeiture, is a legal process of seizing assets and property that were gained through criminal activity, used in conducting unlawful acts, or purchased with funds stemming from illegal conduct. The primary goal of this procedure is to forfeit or deprive offenders of the proceeds of their crimes.

Forfeiture also serves to disrupt and financially weaken the infrastructure of organized crime syndicates, enterprises, drug cartels, etc. Additionally, government and law enforcement agencies can use the seizure of ill-gotten gains and property to compensate victims of illegal activity and further efforts to deter crime. There are three main forms of federal forfeiture:

• Criminal forfeiture: This type of forfeiture requires a criminal conviction and is included within the defendant’s sentencing. Criminal forfeiture is typically limited to the defendant’s property involved in the particular charges for which they were convicted.The judge may order the forfeiture of a specific asset related to the indictment, a lump sum of money as a penalty, or other property to act as a substitute forfeit.
• Civil judicial forfeiture: This forfeiture applies to property that is suspected of being derived from or used to fulfill unlawful acts rather than a person charged with or convicted of a crime. No criminal conviction is required for this proceeding, but the prosecution must provide evidence of how the property is linked to a crime.Civil forfeiture allows federal agencies to file against property that is otherwise unreachable through criminal forfeiture, such as assets belonging to fugitives, terrorists, and other criminals not located within the country.
• Administrative forfeiture: This type of forfeiture is also filed against property rather than against a person, meaning the assets in question are effectively the defendant. Administrative forfeiture allows personal property to be forfeited without the need to file a federal case.

This process occurs before the agency that seized the assets, and there must be probable cause. This can only take place when no party has filed a claim contesting the basis of the seizure. One benefit is that the use of court resources is avoided when no one denies the forfeiture.

Can a Lawyer Fight Against a Forfeiture Claim?

It is possible for a qualified and experienced lawyer familiar with forfeiture and seizure proceedings to represent you, fight for your rights, and present a strong case arguing your lawful right to certain properties. The federal prosecutor has the burden of proof and must reasonably establish how an asset was earned through illegal conduct, used in order to commit a crime, or purchased using ill-gotten money.

However, the prosecution’s burden of proof within a civil forfeiture case tends to be much lower than during criminal forfeiture proceedings. The burden of proof may be effectively left to the defendant, whose legal representation must provide evidence showing how the property owner has a valid claim to the assets subject to forfeiture.

Furthermore, the federal courts may decide the property is forfeited due to unlawful activity, even if a criminal conviction cannot be secured by the prosecutor. Such instances tend to be controversial, as the defendant party is punished with losing their property without a criminal trial to prove illegal involvement.

Your forfeiture attorney can fight for your rights by arguing you had no knowledge of criminal activity taking place, demonstrating that the property was not involved in illegal conduct, or employing other valid defense arguments.

FAQs About Federal Forfeiture Proceedings Law

How Does Federal Asset Forfeiture Work?

Federal asset forfeiture begins with the government asserting certain properties were used to conduct a crime, were proceeds from a crime, or were purchased through ill-gotten funds. This may be during a criminal trial concerning federal offenses, such as fraud, embezzlement, counterfeiting, or drug smuggling.

Government agencies may even suspect property belonging to a non-convicted person as being obtained from illegal means. If they’re proven correct or if probable cause is presented in an uncontested forfeiture, the government can seize the property.

What Are the Three Types of Forfeiture Cases?

The types of forfeiture include criminal, civil judicial, and administrative. Criminal forfeiture follows a conviction and is included in the defendant’s sentencing. Civil and administrative forfeiture is against the property itself rather than the owner.

The non-convicted property owner may have avoided conviction in a previous trial or was never suspected of a crime. Criminal and civil forfeiture requires the prosecution to provide proof in court, while administrative proceedings only need probable cause and forgo the federal court’s involvement.

What Is the Burden of Proof Under the Asset Forfeiture Procedure?

In a forfeiture proceeding in United States, the burden of proof is the obligation of the federal prosecutor to show how assets were illegally acquired, purchased with unlawful proceeds, or used to commit criminal acts.

Sometimes, the burden of proof falls on the owner of the identified property to show the money or property was not knowingly ill-gotten or used. In some cases, the federal court may decide that the property is forfeited due to illegal conduct, even without a criminal conviction.

Why Does the Federal Government Forfeit and Seize Property?

Federal and state government agencies aim to seize property through forfeiture proceedings to punish convicted criminals by reducing the profits gained through their criminal acts, to disrupt and weaken organized crime syndicates, and to use the seized property to compensate victims and fund further government efforts to eliminate federal criminal activity.

Contact a Qualified Forfeiture Attorney

As a federal criminal defense law firm, the Law Offices of Barry M. Wax understands that convicted defendants and accused clients alike are vulnerable to unfair legal proceedings. Let a qualified and skilled defense attorney represent your case and fight to protect your rights. Contact our offices today to schedule a consultation.