how to become an asset forfeiture lawyer

What is asset forfeiture in criminal justice?

Asset forfeiture is designed to deprive criminals of the proceeds of their crimes, to break the financial backbone of organized criminal syndicates and drug cartels, and to recover property that may be used to compensate victims and deter crime.Feb 17, 2022

What are the three types of forfeiture?

Taking away money and property from criminals continues today through three types of forfeitures.Criminal forfeiture. Criminal forfeiture is an action brought against an individual. ... Civil judicial forfeiture. Here, the court brings a suit against the property. ... Administrative forfeiture.Feb 22, 2021

What are the two types of asset forfeiture?

United States. There are two types of forfeiture (confiscation) cases, criminal and civil.

What is a defense to asset forfeiture?

The “illegal search and seizure” defense – Based on a person's Fourth Amendment rights, this asset forfeiture defense involves arguing that law enforcement did not have the right to search for and/or seizure certain property associated with a criminal case (because, for instance, they did not have a warrant or the ...

How does asset forfeiture work?

Under California asset forfeiture laws, the government is not supposed to seize a person's assets without having probable cause to connect them or their property to a crime. Because of this, the government has the burden of proof to support its case.

What is administrative forfeiture?

Administrative forfeiture is an in rem action that permits the federal seizing agency to forfeit the property without judicial involvement. The authority for a seizing agency to start an administrative forfeiture action is found in the Tariff Act of 1930, 19 U.S.C. § 1607.

What are the 3 types of property seizure?

Your creditor has a choice of three types of seizure: seizure in the hands of a third party; seizure of movable property; seizure of immovable property.

What is the difference between civil and criminal forfeiture?

In criminal forfeiture, the government takes property after obtaining a conviction, as part of the defendant's sentence. In civil forfeiture, a criminal charge or conviction is not needed; the government only needs to show by a preponderance of the evidence that the property was used to facilitate a crime.

What happens to criminals assets?

Assets are usually split between the police, the Crown Prosecution and the Home Office. However, all the money doesn't just get swallowed up by the police and government. Victims can sometimes recoup some of their money stolen from them by the criminal.

Can the FBI seize your bank account?

Nevertheless, unless the US Department of Justice or the United States Congress change the policy or the laws regarding the civil seizure and forfeiture process, Federal Government agencies will continue to seize money from bank accounts which are suspected of being proceeds of illegal activities, especially regarding ...

How do you beat civil forfeiture?

To convict a person of a crime, the government must prove “beyond a reasonable doubt” that the person committed the crime. However, for the government to win a forfeiture case to keep seized property, it only needs to prove that the property was probably (more likely than not) involved in a crime.Jan 18, 2022

What is the difference between restitution and forfeiture?

Whereas restitution is measured by the losses to victims and forfeiture is measured by the proceeds of a criminal offense, both amounts frequently turn out to be the same--especially in financial fraud cases.

How much does an assistant attorney make?

The range of pay is $54,250 to $158,600, which includes a 19.29% locality pay supplement.

What degree do I need to become a lawyer?

Required qualifications: Applicants must possess a J.D. degree from a law school approved by the American Bar Association, be an active member of the bar (any jurisdiction), and have at least one year post-J.D. experience.

Why is forfeiture important?

Forfeiture allows the government to curb criminal behavior, thus, improving the health and safety of a community. It ensures that criminals no longer have the capacity to profit and control a community through intimidation, extortion, and violence.

What is forfeiture and seize?

Seizure and forfeiture constitute two unique, distinct legal processes that share many similarities in the planning and management of the asset. Often, people confuse them with one another, and they become subject to misunderstanding.

What do officers need to determine the value of an asset?

Officers also must identify the item’s reasonable worth. The financial significance and equity of an asset—particularly real estate, vehicles, and aircraft—are important determinations. Investigators can enlist the help of experts, such as appraisers and valuation professionals.

What is an asset?

An asset is a piece of property, an item, or other thing that has intrinsic or external value. 2 Assets comprise cash, real estate, land, buildings, cars, and motor homes. Other types include liquor licenses, professional certifications, income tax refunds, and artwork.

Which federal agency is responsible for seized asset management?

The U.S. Marshals Service —the primary federal agency responsible for seized asset management—has developed preseizure planning methodology and used it extensively. 12. Of course, as a primary issue during preseizure planning, officers should consider whether to seize the asset at all.

Can officers write a seizure warrant affidavit?

Officers can follow certain guidelines when drafting seizure warrant affidavits and civil forfeiture complaints. Based on his experience in writing search and seizure warrant affidavits and working with prosecutors on forfeiture complaints, the author offers some recommendations.

Can a forfeiture warrant be issued without a legal basis?

Forfeiture actions and seizure warrants never should occur without a proper evidentiary and legal basis that supports the policy objectives. After securing the asset, officers must commence an action against the property. 24 While investigators present a forfeiture case, the prosecutor will ask several key questions.

What happens if you commit no crime?

Even if you have committed no crime, you may be put in a position where you have to defend yourself. Protecting your rights and your property is your responsibility. In many cases, it may seem like there is nothing you can do. Contact Jacek Lentz if you feel you have been wrongly targeted by law enforcement. In cases of civil asset forfeiture, our office can help you protect your property and get back your peace of mind.

Can police take your property?

In most cases, the police can take your property and you can do very little to stop them, except for hire an attorney to try and get it back. Once they have your belongings, they don't have to give it back, even if they find out you were innocent. The “innocent owner” defense is not supported by the Constitution, so claiming innocence is not enough. You have to prove your innocence without any doubt, or show that you tried everything possible to prevent illegal activity from occurring. Either way, law enforcement will keep your belongings until the court orders them to return it. If it isn't returned, it can be sold at public auction and the police will keep the money.

Finding an Attorney to Challenge an Asset Forfeiture

At Lawyer Legion, we created an online attorney directory that can help you find a top attorney in your area to challenge a forfeiture action in state or federal court. Our directory helps the public find information on qualified forfeiture lawyers located close to where the seizure occurred.

Coercive Tactics Used in Forfeiture Cases

Many of the cases involve an officer approaching a person with no probable cause and then subjecting them to an illegal or prolong detention. Although the person isn’t required to answer questions, many people succumb to harsh interrogations all in an attempt to be able to leave with their property.

Problems with Civil Asset Forfeiture Laws

Forfeiture laws and the ways the laws are applied threaten fairness in the system. Several organizations fight for the reform of asset forfeiture laws to limit their usage and increase due process throughout the process.

What is the role of asset forfeiture?

The role of the Asset Forfeiture staff of the United States Attorney’s Office is to identify, seize, and ultimately forfeit, through both criminal and civil procedures, any assets-- tangible property, real property, or cash-- and return those assets to victims of the offense that gave rise to the forfeiture through the remission and restoration process. Asset Forfeiture removes the tools of the trade from the criminals and their organizations, deprives wrongdoers of the proceeds of their crime, and recovers property that may be used to compensate victims by forfeiting proceeds, facilitating property and property involved in the offense.

What is administrative forfeiture?

A: Administrative Forfeiture is a non-judicial matter that is handled by the seizing Government agency. Civil Forfeiture is a judicial matter against property itself. It is started by the Government filing a civil complaint. The property is the defendant in the case, so no criminal charges or conviction are necessary.

When can a forfeiture judgment be obtained?

A: An asset forfeiture money judgment can be obtained when the proceeds or property involved in criminal activity cannot be located. In such cases, the Government establishes the value of the assets that would be subject to forfeiture.

Is a conviction necessary for a criminal forfeiture?

The property is the defendant in the case, so no criminal charges or conviction are necessary. Criminal Forfeiture is a judicial action against a person’s interest in property and is brought as a part of the criminal prosecution of a defendant.

Can property be forfeited?

A: There are different legal theories of forfeiture. Property that the wrongdoer would not have had but for the crime can be forfeited as proceeds. For example, cash acquired through an unlawful activity such as drug dealing, or a car bought with cash from drug dealing can be forfeited under the proceeds theory.

What is asset forfeiture?

Asset forfeiture refers to the legal process by which the federal or state government initially confiscates private assets from citizens then permanently possesses them. Anything can be seized in forfeiture, provided the government believes it was involved in the commission of an offense. The particular properties seized are based on the kind of criminal act you committed and the exact situation. Common kinds of assets seized in asset forfeiture are: 1 Bank accounts, cash, securities, or any other financial instrument. 2 Vehicle, aircraft, and boats. 3 Real estates, such as buildings or land. 4 Controlled substances. 5 Raw materials. 6 Weapons. 7 Electronic devices like computers and cell phones. 8 Any other personal property.

What is asset forfeiture in California?

Know About California Asset Forfeiture Guidelines. Asset forfeiture is a complex legal process. Whereas the government may confiscate your assets at will, there has to be due process for the property to be permanently forfeited. There are several guidelines the government must follow to respect your rights.

What are the types of assets seized in asset forfeiture?

Common kinds of assets seized in asset forfeiture are: Bank accounts, cash, securities, or any other financial instrument. Vehicle, aircraft, and boats. Real estates, such as buildings or land.

What happens if you receive a forfeiture notice?

If you have received an asset forfeiture notice, you only have a limited period to respond. Failure to respond on time can damage your capability to defend your legal rights in court and eventually win back your property. Different deadlines and procedures may apply based on the nature of the claim and the government agency from which it comes.

What agencies can forfeit property?

Federal agencies such as the DEA, IRS, FBI, and ATF can forfeit your assets administratively, meaning without the court ever being involved. After their assets have been seized, most people just walk away without contesting the seizure. In these cases, the property is administratively seized by the federal government. Because agencies often attempt to forfeit assets administratively, you want to file a claim on time and hire a lawyer familiar with asset forfeiture laws if you wish to challenge the forfeiture of the assets. Contact us as soon as possible, and we’ll help you have your property back.

What is criminal forfeiture?

Under Criminal asset forfeiture, the government seizes the property of people who have been convicted of an offense if the property is connected to or a product of any criminal activity , unlike civil forfeiture where a conviction or criminal charge isn’t necessary.

How long do you have to file a claim for a forfeiture?

The notice could be issued through a publication in the local newspaper, mail, or personal delivery. After receiving this notice, you’ll have 30 days to bring a claim. The claim triggers a court procedure and a trial by the jury to make an ultimate decision concerning the asset forfeiture.

What is the first requirement for contesting forfeiture as an innocent owner?

The first requirement for contesting government forfeiture as an innocent owner is to establish "standing" to assert the defense. Standing is a doctrine requiring individuals seeking judicial action to demonstrate a significant stake in the outcome of a legal controversy.

What is the role of forfeiture in drug cases?

Court decisions have played a large role in defining the use of forfeiture as a law enforcement tool in drug cases. The compendium of case law summaries provides clear, concise explanations of the facts, findings, and rulings in federal and state court decisions on assets forfeiture.

What are the factors that determine if a forfeiture is due process?

In determining whether the delay between seizure of property and the institution of civil forfeiture proceedings violates due process, a court must consider four factors: the length of delay, the reason for the delay, the defendant's assertion of his right, and prejudice to the defendant.

What was the penalty for the arrest of John Robinson?

In February 1989, Robinson was found guilty of the criminal charges and sentenced to life imprisonment and assessed a fine of $4,000,000. In October 1990, the government filed a complaint for civil forfeiture; Robinson filed a claim for the funds in January 1991.

What is the Bureau of Justice Assistance?

The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, and the Office for Victims of Crime.

Can a lienholder contest a forfeiture action?

§ 881, and need not rely on a petition for remission to the U.S. attorney general for return of the property or for a portion of the proceeds from the sale of the property.

What is a forfeiture lawyer?

Retaining a Forfeiture Lawyer to Reclaim Your Property. If you are suspected of a crime, you may require a forfeiture lawyer to ensure you keep possession of your property. Typically, the procedure begins with partial or whole confiscation of residential or commercial property.

Do you need an asset forfeiture attorney?

You may require an asset forfeiture attorney, even if you were never charged or convicted. Learn more here.

Does forfeiture require a criminal conviction?

Since civil loss does not require a criminal conviction where a criminal forfeit does, the practice has been highly criticized as a constitutional infringement and a violation of personal property rights. Some of the properties a criminal defense and asset forfeiture attorney in San Francisco can protect include the following: Cash. ...