Administrative forfeiture is a process whereby a government agency seizes property believed to be involved in a crime without involving the court. While administrative forfeiture is a non-judicial process, it is still subject to legal procedures and oversight. It allows agencies to forfeit property without involving the judge. Administrative forfeiture can be done when the property is associated with money laundering, drug offenses, or other crimes.

A law enforcement agency only needs probable cause to believe that an asset is associated with a crime to seize it. You can navigate an administrative forfeiture by hiring an experienced asset forfeiture attorney to represent you. If you need a reliable attorney to represent you in California or elsewhere in the United States, consider reaching out to a qualified legal professional specializing in asset forfeiture cases. Our attorneys at the Asset Forfeiture Attorney understand how the system operates and can help you to file a mitigation/remission petition.

Understanding Administrative Forfeiture

Administrative forfeiture is a civil process that allows a state or a federal agency to forfeit property without involving the court. The government handles this forfeiture internally and does not involve court litigation. There are three types of forfeitures: criminal, civil, and administrative. Administrative forfeitures are the most common of the three types and account for over 80% of all federal forfeitures. Several federal and state statutes can trigger an asset forfeiture.

The government agency only needs to provide evidence linking the asset to criminal activity. The evidence provided does not even have to be substantial. A government agency only needs considerable probable cause to seize and forfeit property. You can only prevent the government from seizing your property by acting fast and hiring an attorney to protect your property rights.

Assets That Can Be Forfeited

Federal law limits administrative forfeiture to certain types of property, such as cash, vehicles, and other movable property, typically not exceeding $500,000 in value. Administrative forfeiture proceedings can involve different assets, including the following:

  • Cash, including money obtained from criminal activities or corruption proceeds
  • Goods, especially goods whose importation is illegal
  • Bank accounts that were used to facilitate unlawful transactions
  • A vehicle, plane, boat, or any other vessel that was used in transporting illegal items or controlled substances
  • A building where controlled substances or prohibited goods were stored or where illegal activities took place
  • Equipment, tools, or items used in manufacturing or distributing contraband.
  • Computers, software, or servers used in illegal activities, such as counterfeiting currency or producing illicit materials, may be subject to forfeiture.

The primary purpose of administrative forfeiture is to interrupt the fiscal infrastructure of criminal activities. The government seeks to remove the cash flow, tools, equipment, and profit from the criminals' hands to halt their operations.

The Main Players In Administrative Asset Forfeiture

The following federal agencies form the asset forfeiture community:

  • S. Attorney's offices
  • The U.S. Marshal Service
  • Secret Service
  • Internal Revenue Service (IRS)
  • Federal Trade Commission (FTC)
  • Federal Bureau of Investigation (F.B.I.)
  • Securities and Exchange Commission (SEC)
  • Drug Enforcement Administration (DEA)
  • Department of Homeland Security
  • Bureau of Alcohol, Tobacco, Firearms and Explosives

The U.S. Marshals Service administers the asset forfeiture program. The Marshals Service works countrywide with federal law enforcement agencies and U.S. attorneys in pre-seizure planning. This collaboration ensures that well-informed and sound forfeiture decisions are made.

The Marshals Service participates in pre-forfeiture planning and serves as the custodian of the seized property. It manages and disposes of seized property following the same procedures that private companies employ. The Marshals Service only deals with eligible vendors, which helps to reduce the period for which the seized property remains in inventory. The timely disposal of assets helps increase the net returns to the government.

After the seizure and forfeiture of property, the asset is disposed of, and the money obtained is deposited into the Assets Forfeiture Fund, abbreviated as AFF. The money from the sale of forfeited property is shared between the local and state law enforcement agencies that participated in the seizure and forfeiture of the property. These funds are often used to promote and finance law enforcement initiatives.

The Administrative Forfeiture Process

This is the procedure that applies during an administrative forfeiture:

Notice Of The Proposed Forfeiture

The seizing agency publishes a notice of a proposed forfeiture in a general circulation newspaper. The notice should be published at least once a week for at least three consecutive weeks. Agencies may alternatively post notices on official government forfeiture websites for at least 30 consecutive days. This notice is circulated in the federal judicial district where the property or asset will be seized. The forfeiture notice does not have to be published in a newspaper when the value of the assets to be seized is less than $1,000. The forfeiture notice must only be posted in a noticeable place where the public can access it. The notice can be published on a notice board in any of the following areas:

  • The U.S. District Court
  • United States Customs House
  • The National Marine Fisheries Service's Enforcement Office

The office where the notice is placed must be close to the place of the planned forfeiture.

In addition to publishing a notice of the intended forfeiture, the forfeiture agency can also issue a notice of the intended forfeiture to the property owner. The notice can also be issued to any other party with a known and verifiable interest in the property to be seized. The forfeiture notice contains the following information:

  • The name of the seizing agency, the ruling official, and the name and address of the verdict official to whom the property owner can send a petition against the asset forfeiture.
  • The asset identifying number
  • A description of the size of the property or asset, including the asset's registration or serial number
  • The provisions of the law that the asset owner has allegedly violated
  • A statement outlining the place, time, and reason for the asset seizure and forfeiture
  • An explanation of the rights of any interested party to file a petition against the asset forfeiture, including a petition for mitigation/remission of the asset forfeiture.

The forfeiture agency waits 30 days after issuing the initial notice of the planned asset forfeiture. If the property owner fails to file a claim within 30 days, the forfeiture agency declares the asset forfeited. The declaration of forfeiture is made in writing, and any party with an identity or interest in the asset is issued with a copy. The information outlined in this declaration includes the following:

  • The property or asset's description
  • A statement outlining the place, time, and reason why the property was seized and forfeited
  • The property owner's alleged violation of the law
  • The declaration also outlines the notice of forfeiture of the property. It outlines the manner and the date when the notice of forfeiture was issued and how it was published. This declaration also outlines all the efforts made to serve the property owner with the notice of the forfeiture.
  • The declaration will also state that the forfeiture agency did not receive a petition against the forfeiture promptly. The failure to issue a petition against the planned forfeiture indicates that all the parties accept the accusations outlined in the forfeiture notice.
  • The declaration is complete with an order of forfeiture of the asset to the U.S. government for disposition according to the applicable laws. All the seized properties and assets are disposed of according to the applicable laws and regulations.

An administrative asset forfeiture is a ruthless legal process that can leave you traumatized and distressed. The federal or state government confiscates and then permanently deprives you of the asset. In some cases, the government can take all the assets that you own, thus limiting your ability to defend yourself in court.

Fighting Against An Administrative Asset Forfeiture

You should not allow the local or federal government to seize your assets without a fight. Instead of despairing, you should seek the legal representation of an experienced asset forfeiture attorney to help you present a defense and safeguard your assets. Here are some of the strategies that you can use to fight against an administrative asset forfeiture process:

File A Mitigation Or Remission Petition

You must meet several requirements when filing a petition for mitigation or remission. The petition must be in writing, and you must make the petition under oath, subject to penalty for perjury. The petition must be clear and concise and should contain the following information:

  • Your identifying details, including your name, social security number, or other taxpayer identification number
  • The place and date of the asset forfeiture
  • The name of the forfeiture agency
  • The asset's identifying details, including the serial number
  • A comprehensive description of the seized property or asset
  • Describe your interest in the asset as the asset owner or a lienholder. You must support your interest in the asset with sufficient documentation.

You must be careful when filing a petition against an asset forfeiture because filing a frivolous claim can lead to civil fines. Submitting a petition that contains inaccurate or false information can lead to criminal charges and prosecution.

Submit Your Petition

After you meet all the qualifying conditions, file a petition with the agency that issued the forfeiture notice. Ensure that you send the petition to the agency's official address. This address is usually provided in the forfeiture notice. You can mail the petition to the United States Postal Service or a commercial delivery service.

Adhere To The Time Limits

The forfeiture notice outlines the deadlines for filing a petition against the forfeiture. Usually, you should find a petition within 30 days of the final notice of forfeiture. The government will forfeit your assets if you do not file the petition within the deadline.

After you file a petition, the forfeiture agency will refer your matter to the U.S. Department of Justice. The Department of Justice will, in turn, commence the forfeiture proceedings in the appropriate U.S. district court.

After You File A Mitigation/Remission Petition

After you file a mitigation/remission petition, the forfeiture agency will consider the strong points of the petition. The agency will provide a written report to the ruling official. After receiving your petition and the written report from the forfeiture agency, the verdict official will conduct evaluations. The ruling official can grant or deny your petition for mitigation or remission based on the facts of the petition.

If your petition is granted, the ruling official will issue a written copy of the ruling outlining the terms and conditions. The verdict will also outline the process to discharge the forfeited property. A copy of the verdict will also be sent to the U.S. Marshals Service or other asset custodian.

If your petition is denied, the ruling official will still issue a written ruling outlining the reasons for the denial of the petition. A copy of this ruling will also be sent to the U.S. Marshals Service or other asset custodian. The ruling official will also advise you to submit a petition to reconsider the denial.

Requesting A Reconsideration For A Denied Petition

When you request a reconsideration, your petition can be considered under the following conditions:

  • If the ruling official's office receives your request within ten days from when you received the initial denial notice
  • If you request a reconsideration based on information or evidence that was not initially considered and is significant to the basis of the denial
  • If you provide details that reveal that the ruling official made an erroneous denial of your petition

Restoration Of Proceeds After The Sale of A Forfeited Asset

You can file a petition to have your asset restored if a government agency has already seized it. If your asset was sold, you can submit a petition seeking a restoration of the money from the sale of the asset. The restoration can only be granted under the following conditions:

  • You did not know about the seizure before the entry of the declaration of an administrative forfeiture
  • There was no way of finding out about the seizure before the declaration of administrative forfeiture

With the help of your attorney, you should file a petition to have the money from the asset's sale restored within 90 days from when the asset was sold or disposed of.

Find An Experienced Asset Forfeiture Attorney Near Me

Seizure of property is a common practice used by governments across the world. The reasoning behind this practice is that you can be denied asset ownership and rights if you engage in gross criminal conduct. However, seizure of your property through administrative forfeiture can implicate your Fourth Amendment rights to property ownership. You should consult an attorney immediately if a federal or state agency seizes or seeks to seize your property. At the Asset Forfeiture Attorney, we have committed attorneys who can represent you in California and the entire United States. Contact us at 888-571-5590 to speak to one of our attorneys.