Federal and California permit law enforcers to seize money and assets from people who were found guilty of certain crimes like embezzlement, money laundering, and drug crimes. The process is called forfeiture. Law enforcers should prove that you used the alleged asset in violating the law, earned it from illegal conduct, or bought it using funds from a crime. Once police seize your asset, you should file a response to challenge the forfeiture within 30 days. Asset Forfeiture Attorney has assisted many people across the country and throughout California and can help you file the response. We can also build your case to prove that the asset is not and was not contraband and that you deserve to have it returned to you.

Defining Asset Forfeiture

Asset forfeiture is the legal procedure by which the state and federal governments confiscate private assets belonging to citizens and then permanently possess them. The government can seize any assets if it believes a defendant used the property to commit a crime.

Forfeiture can occur if the government believes any of the following:

  • The asset is alleged to be contraband

  • The asset was alleged used to commit criminal activity

  • The asset is alleged to be associated with a criminal enterprise

  • The asset is the proceeds of criminal activity

Some of the assets that police seize for forfeiture proceedings include the following:

  • Weapons

  • Raw materials

  • Cars, boats, and aircraft

  • Controlled substances

  • Computers and cell phones

  • Bank accounts, cash, and securities, among other financial instruments

  • Real estate, like buildings or land

  • Animals, if you are found guilty of animal abuse and cruelty

Types of Asset Forfeiture

Per federal law, there are three categories of forfeiture, including the following:

Civil Asset Forfeiture

Civil forfeiture is a legal procedure that requires no criminal conviction and is a powerful legal tool that enables law enforcement agents to seize an asset that a defendant used in criminal activity. Also called an in rem action, law enforcers file it against the asset instead of an individual.

In civil forfeiture, a person has the constitutional right to challenge the confiscation of their assets in a trial. The government should then demonstrate that the asset facilitated criminal activity or is the proceeds of crime.

Criminal Asset Forfeiture

Criminal forfeiture occurs alongside criminal prosecution of a defendant. It is also known as an in personam action that requires law enforcement to seize the assets used or obtained from criminal activity.

You have the legal right to challenge the seizure in a trial.

Administrative Asset Forfeiture

The administrative process happens before the law enforcement seized the property when nobody brought a claim challenging the seizure. Numerous procedural requirements include timeframes and notice requirements tailored to safeguard the property owners’ rights and interests.

All property seizures subject to administrative forfeiture should be based on probable cause.

How the Asset Forfeiture Process Works

The state and federal authorities have different procedures that are adhered to during asset forfeiture. Generally, these different stages include the following:

Seizure Process

During a seizure, law enforcement authorities conduct searches for different types of criminal offenses. For instance, law enforcement agents must have probable cause that a drug-related offense occurred before seizing assets.

Under some conditions, prosecutorial agencies should also be involved. For instance, California prosecutors should initiate drug-related asset forfeiture seizures.

Adjudication Phase

State and federal forfeiture proceedings are authorized to decide if law enforcers confiscated the assets properly and whether the government can retain the property. Federal forfeiture cases have two elements that include the following:

  • Arise from joint investigations involving the participation of federal authorities

  • Satisfy federal criteria, permitting a local or state case, upon request, to be adopted as a federal case. All other cases are conducted at the state level.

Proceedings can be done judicially or administratively. The legal proceedings are authorized in cases involving items or assets below a specified value threshold or where no claim is challenging the confiscation. Other cases are handled as judicial proceedings with varying requirements for their burden of proof. In California, claims challenging asset forfeiture in civil and criminal proceedings are heard by a jury.

Distribution Phase

Asset forfeiture proceeds are distributed in various ways and utilized for particular purposes, like supplementing available law enforcement gear and training.

Asset Forfeiture Required Procedures in an Organized Crime

Before the police can forfeit an asset in a Golden State organized crime matter, there must have been a conviction for an offense with a pattern of criminal conduct executed for financial gain. A pattern implies that you violated at least two connected offenses. Perfect examples include receiving stolen property, extortion, and child pornography.

For law enforcement to lawfully forfeit your asset during organized criminal proceedings, the prosecution team must do the following:

  • File a court petition

  • Provide a notice of the asset to individuals claiming its ownership

  • Publish a notice of the asset in a local daily (in some instances)

Those interested in the asset have thirty days after getting the notice to contest the forfeiture. Then the court will schedule a hearing and allow the forfeiture of assets if the prosecution team can demonstrate beyond a reasonable doubt that the assets in question are subject to seizure.

SB 443 Modifications to the Forfeiture Procedures

Senate Bill 443, signed into law in January 2017, enacted several modifications to California’s asset forfeiture procedures associated with drugs. These modifications impacted the state’s dealings with federal and California asset forfeiture procedures.

The changes include prohibiting local and state authorities from asking the federal government to take on cases in which the federal law enforcement was not involved.

The changes do not hinder state authorities from participating in federal joint inquiries. Nevertheless, the modifications prohibit local and state officials from getting proceeds of property forfeiture below $40,000 resulting from federal joint inquiries of the suspect found guilty in federal court, for which law enforcers can confiscate the asset under state regulations.

SB 443 raised the burden of proof for the seizure of funds and related instruments to between twenty-five and forty thousand dollars from convincing evidence to beyond a reasonable doubt.

How Federal Agencies Seize Property

Forfeitures often start with an investigation conducted by federal authorities like the Drug Enforcement Administration, the Federal Bureau of Investigation, or the Internal Revenue Service.

Law enforcement collects proof through different means, including financial audits, stings, undercover operations, or informant tips. Generally, a judge must grant a warrant based on probable cause for the seizure. Nevertheless, there are certain exceptions in circumstances where the asset is in plain sight during a legal search or is discovered while carrying out an arrest.

Upon serving the arrest warrant, agents can freeze bank accounts or physically remove assets like cars or valuables.

Federal regulations require authorities to inform individuals or entities with a known interest in the property. The notice details how to challenge the seizure.

The government can automatically claim asset ownership if you fail to file a response on time.

The Roles and Responsibilities of Federal Agencies in Asset Forfeiture

Federal forfeiture laws are enforced by different agencies working together to utilize their sophisticated tools to track, forfeit, and control assets involved in or derived from criminal activity.

The federal agencies tasked with these responsibilities include the following:

  • Federal Bureau of Investigation (FBI) — The FBI plays a significant role in locating and tracing assets connected with criminal activity. The FBI’s experience in financial crimes and its large network of regional offices make it a powerful force in asset forfeiture.

  • Department of Justice (DOJ) — The DOJ oversees the Asset Forfeiture Program, ensuring that confiscated assets are prepared and handled based on federal regulations. The Department of Justice also advises and assists other entities tasked with asset forfeiture, ensuring that relevant laws are effectively applied.

  • Department of Homeland Security (DHS) — Agencies that fall under DHS, like the U.S. Customs and Border Protection (CBP) and Immigration and Customs Enforcement (ICE), are involved in asset forfeiture, especially in legal cases involving immigration and border security breaches. These agencies are tasked with intercepting unlawful funds and goods at U.S. borders. Thus, protecting national security.

  • Drug Enforcement Administration (DEA) — The DEA works on confiscating assets connected to drug crimes. DEA's specialized expertise in narcotics networks and its operational abilities enable it to target and break drug-associated financial links.

Understanding Title 18 United States Code Chapter 46

The specific provisions under Title 18, United States Code, include the following:

Civil Forfeiture

Per 18 United States Code 981, the government can seize assets used in or traceable to certain crimes, including terrorism, money laundering, and drug trafficking. The provision also details the processes for managing forfeited assets, including disposition, utilization of the proceeds, and fair sharing with local and state investigative agencies.

Criminal Forfeiture

The 18 United States Code 982 authorizes the government to confiscate assets obtained or used in crimes like racketeering, narcotics trafficking, and some white-collar crimes. It also allows for the seizure of equivalent holdings if the original asset has been sold or cannot be found.

Civil Forfeiture of Regulations

18 United States Code 983 allows the government to create the procedural criteria for federal seizure, notice, claims, and judicial assessment. It also allows for the designation of legal counsel for needy claimants and the usage of protective court orders to maintain the worth of forfeited assets.

Civil Forfeiture of Fungible Assets

According to 18 United States Code 984, federal law enforcement can seize interchangeable or fungible assets held in various financial institutions.

Civil Seizure of Real Estate Assets

Per 18 United States Code 985, the federal government can seize assets that include houses and land, and regulations have been passed to address that.

Subpoenas for Bank Documents

The 18 United States Code 986 allows the federal government to create the processes for making subpoenas to financial institutions relating to civil forfeiture.

Antiterrorist Asset Financial Protection

The 18 United States Code 987 states that people whose assets have been seized for suspicion of multinational terrorism connections can challenge that action through the relevant federal regulations.

California’s Driving Under the Influence-Related Asset Forfeiture

In California, asset forfeiture related to a DUI happens in legal cases involving repeat offenders, substantial property damage, or incidents resulting in serious injury or death. If a driving under the influence offense has additional criminal activity, like drug possession or trafficking, the state authorities could also seize assets linked to these offenses.

The financial repercussions of asset forfeiture can have dire economic and professional consequences. With a motor vehicle, getting to work can be challenging, resulting in disciplinary action by your employer or job loss. Additionally, it can cause challenges with your financial stability and credit score. You can find it more difficult to secure housing or obtain financial aid with an asset forfeiture history.

How to Prepare for an Asset Forfeiture Hearing

Being the subject of forfeiture can be stressful. Appropriate preparation is vital to increase your chances of receiving your assets back.

You can prepare for a forfeiture hearing by doing the following:

Enlist Legal Representation

Partnering with a skilled lawyer will help you prepare for your asset forfeiture hearing. A lawyer specializing in asset forfeiture law will assist you in building a formidable defense.

The attorney will also craft a legal strategy that suits your case by reviewing your proof and creating a plan that could get your assets back.

Your legal counsel has the relevant procedural understanding and knows the requirements and court deadlines to schedule your claim of ownership.

Your lawyer will advocate for you during the asset forfeiture hearing, present proof, and make compelling legal arguments to contest the forfeiture.

Understand the Asset Forfeiture Procedure

Your lawyer will help you fully comprehend the forfeiture process. Forfeiture hearings are civil proceedings separate from any criminal charges you could be facing. Law enforcement must show that the asset is linked to criminal enterprises by a preponderance of the evidence. Understanding these standards of evidence is critical as you collect and submit your defense.

Collect Proof

Compiling comprehensive and convincing evidence strengthens your defense. Key pieces of evidence include the following:

  • Financial documents — Collect financial documentation that can prove the legal source of your funds or assets subject to investigations. You are required to demonstrate that you purchased the asset with legitimate funds. The financial records can include tax returns, pay stubs, bank statements, and business records.

  • Asset ownership documents — Gather evidence showing your ownership of seized assets. The records can include title deeds, bank statements, and receipts.

  • Incident information — Collect relevant information relating to the incident that culminated in the forfeiture, including photographs, police reports, and records that can provide context or reinforce your defense.

  • Witness statements — Secure testimonies from parties who could testify to the ownership and lawful use of the asset. The witnesses can include loved ones, colleagues, or friends.

Find Legal Assistance Near Me

Both federal and California laws allow law enforcers to take any asset they believe might be involved in criminal activity or related to a crime. While the laws aim to remove property used to violate the law and proceeds of crimes from criminal hands, the laws can take assets from innocent individuals. Asset Forfeiture Attorney understands how frustrating it is when police seize your assets and can help you protect your property and rights. We can also review your case to build your case defense, file a response on your behalf, and represent you in the trial. We represent clients throughout California and nationwide. Please contact us at 888-571-5590 to schedule your free case review.