how to become an criminal asset forfeiture lawyer

What is criminal asset forfeiture?

In the context of a criminal case, criminal asset forfeiture allows the government to take the property of persons who have been convicted of certain crimes. This generally occurs where the property is used to further a specific crime, or is somehow connected to a crime.

When does forfeiture take place in a civil case?

It may occur in a civil procedure, like a lawsuit against the item, or after the conviction of an individual in a criminal trial. 17 Forfeiture removes the profit motive from the crime and returns property obtained under fraudulent pretenses by the criminal to the victims.

Are You defining asset seizure and forfeiture correctly?

When communicating about asset seizure and forfeiture, some people, including professionals, use words interchangeably when, in fact, the terms have unique meanings and refer to distinct processes and concepts. Especially given this potential confusion and misuse, it is important to properly define some commonly used terms.

How does the US Marshals Service assist in asset forfeiture?

12 The U.S. Marshals Service assigns investigators to assist in asset forfeiture duties across each judicial district; representatives also participate in preseizure planning meetings with U.S. attorneys’ offices and investigating agencies.

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.

What are the three types of forfeiture cases?

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.

What is the difference between criminal and civil 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 are the two types of asset forfeiture?

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?

Asset forfeiture is among the government's most powerful legal tools. With this right, the government can seize your personal property without compensation if it presumes that the property was used in the commission of a criminal offense or purchased with the profits of criminal activity.

What is the difference between criminal asset forfeiture and civil asset forfeiture?

Criminal asset forfeiture proceedings occur against a person after being convicted of an underlying criminal offense. In civil asset forfeiture, once property has been seized, prosecutors can file civil actions in order to forfeit, or keep, the property of someone suspected of being involved in an illegal activity.

Why is civil forfeiture legal?

Civil asset forfeiture laws allow police to seize property, money, or assets if police merely believe it is connected to criminal activity. Police do not have to file charges or even establish guilt in these cases before seizing and keeping property and there is no limit to what police can seize.

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.

Why is civil asset forfeiture good?

In theory, civil asset forfeiture serves an important purpose. It punishes and deters criminal activity by depriving criminals of property involved in illegal activities and helps law enforcement recover assets that may be used to compensate victims (for instance in recovering funds for Bernie Madoff's victims).

How many states have civil forfeiture laws?

Sixteen states require a conviction in criminal court to forfeit most or all types of property in civil court.

What happens to forfeited money?

And once forfeited, cash immediately becomes revenue, available for law enforcement to spend. Less liquid property not retained for agency use must be sold, donated or destroyed—all of which comes with a cost. For more valuable property such as cars or homes, the effort required may be worthwhile.

What happens when assets are seized in an asset forfeiture proceeding?

Since assets are seized in an asset forfeiture proceeding for the possible purpose of reimbursing victims, if it can be proven that the value of the property being seized is disproportionate to the crime alleged, an effective defense may be raised to prevent the property from being seized.

What is the defense in a civil forfeiture?

In a civil forfeiture proceeding, the third party must establish an ownership interest in the forfeited property and his or her innocence regarding the property’s seizure. However, an important aspect of raising this defense depends upon when the innocent owner acquired an interest in the property.

Is civil forfeiture the same as criminal forfeiture?

Civil forfeiture actions are not conducted in the same manner as criminal asset forfeiture proceedings. There are no criminal proceedings or even arrests. The government decides in this situation to pursue a civil action only; it will file a civil legal complaint for the purpose of permanently seizing and forfeiting the specific item of property which it seeks to confiscate. The burden of proof in a civil matter is much lower for the government. There is no requirement that the government prove anyone’s criminal guilt, but rather show a sufficient connection between the property and criminal activity.

What is asset forfeiture?

Asset forfeiture occurs when assets or property are confiscated by the state. It is sometimes known by other names, such as “asset seizure”, or simply “confiscation”. In the context of a criminal case, criminal asset forfeiture allows the government to take the property of persons who have been convicted of certain crimes.

What is criminal forfeiture?

Criminal forfeiture is commonly associated with specific types of criminal activity, such as: Various other types of criminal activity. For example, a person convicted of making drugs in their home may face a governmental seizure of said home.

What is the difference between civil forfeiture and criminal forfeiture?

Other differences between criminal and civil asset forfeiture cases include: The standard of proof is higher in a criminal case ( beyond a reasonable doubt standard ); The state generally provides the defendant with an attorney in criminal cases; Criminal assets that were seized may sometimes be used to fund state activities, ...

What is forfeiture in criminal law?

To begin with, in a criminal asset forfeiture case, the property is seized by the government due to a wrongful action by the owner. Whereas civil forfeiture does not require a criminal conviction or wrongdoing, and the property is seized due to some other reason ( like failure to pay taxes ). While sometimes the phrases are used interchangeably, ...

Why is innocent owner defense important?

The “innocent owner defense” may sometimes be raised by a defendant in order to keep their property from being forfeited in a criminal case. Under this defense, the defendant claims that their property should not be forfeited because they are innocent of the crime connected with the property.

Can the government take property?

Not all property is subject to criminal asset forfeiture. Generally speaking, the government can only take property which meets one or both criteria: The property was used during a crime; and. The property was obtained as a result of criminal activity.

What is asset forfeiture?

Asset forfeiture entails a legal process whereby the ownership of an asset is removed from individuals because they used it illegally, received or derived it from illicit activity, or employed it to facilitate a crime. 5 The vesting of title with the government follows a civil, criminal, or administrative proceeding. 6

Who should understand forfeiture?

Investigators, agency managers, and the general public should understand the objectives of forfeiture. Such knowledge helps provide context to the purpose of a forfeiture or seizure. Forfeiture actions and seizure warrants never should occur without a proper evidentiary and legal basis that supports the policy objectives.

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.

Where did asset forfeiture originate?

The theory of asset forfeiture—taking the offending profit or property involved in the crime—first was mentioned in the Old Testament. 18 It frequently was carried out by practitioners of pre-Judeo Christian religions. 19

Why is it important to review evidence with prosecutors?

Reviewing evidence with prosecutors early enables them to help identify gaps and provide guidance on what additional proof can help present the strongest case.

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.

What are the types of crimes that law enforcement investigates?

State and local law enforcement agencies conduct investigations involving a variety of crimes, including many where gangs, drug traffickers, fraudsters, or other types of criminals aim to make a profit. But, how do investigators address these offenses when the perpetrators consider a prison sentence merely a cost of doing business—a brief respite ...

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.

Civil & Criminal Asset Forfeiture Attorneys

If you are the victim of a civil or criminal asset forfeiture claim and had your assets seized by law enforcement? There is no practice group more experienced who can get your money back than our expert forfeiture attorneys at Edward Johnson and Associates P.C. Call 708-606-4386 now for your free consultation.

Trusted Experts in Civil and Criminal Asset Forfeiture

The cash forfeiture lawyers at Edward Johnson and Associates P.C. are well-known experts in the field of civil and criminal asset forfeiture. We have a reputation for recovering large cash amounts and valuable assets from powerful federal and state agencies.

What is asset forfeiture and cash seizure?

It sounds crazy until it happens to you: Law enforcement shows up at your home or business, walks in with a warrant and takes your money, vehicles, jewelry and maybe even your real estate. Then, they try to sell it and keep the proceeds.

Fighting Federal & State Agencies in forfeiture cases

When the government takes your money and property, you have to go toe-to-toe with a powerful government agency to get it back. That can be pretty intimidating, which is why it can be so helpful to hire an experienced asset forfeiture attorney.