When the government decides on asset forfeiture, they may proceed either judiciously, by bringing a civil action in federal court, or administratively.

In criminal forfeiture cases, in order to effectuate asset forfeiture, the government must indict the property used or derived from the crime along with the defendant. If the jury finds the property forfeitable, the court issues an order of forfeiture. In forfeitures cases involving the Controlled Substances Act (CSA), Racketeer Influenced and Corrupt Organizations (RICO), and money laundering, courts will hold an ancillary hearing at which third parties may assert their interest in the property.

In civil judicial forfeiture cases, the government sues the property. The property, not the individual, is the defendant and there may be no criminal charges against the property owner.

Most governmental abuse of power in asset forfeiture cases occurs during administrative forfeiture, an action that permits a federal agency to forfeit the property without judicial involvement.

This is done under the authority of the Tariff Act of 1930, 19 U.S.C. 1607. The government is allowed to administratively seize property in the cases involving illegally imported merchandise, conveyances used to import, transport, or store controlled drugs, monetary instruments, or other property that does not exceed $500,000 in value.

For all practical purposes, the federal government will seize virtually anything of value they believe has been purchased with illegal funds, or is illegal funds in its own right, or somehow was involved in criminal activity.

Asset forfeiture may mean more than simply financial loss. Forfeited business assets may effectively put a company out of business indefinitely. The New York City asset forfeiture defense attorneys with Norman Spencer Law Group, represent businesses and individuals who face civil or criminal asset forfeiture. Our asset forfeiture lawyers have decades of experiences in representing clients in federal criminal and civil actions through the inception of the case through trial.

Federal asset forfeiture is not limited to the borders of the United States. The government may, and does pursue assets across the globe. We have formed alliances with attorneys in Europe, Asia, and South America which allows us to successfully defend clients around the world.

If you or your business have suffered asset forfeiture, call our New York federal forfeiture attorneys to schedule a confidential consultation.