Many criminals engage in crime for material gains. The government can use the law to seize any material gains it believes are ill-gotten through asset forfeiture. The tool has proved effective in denying criminals profits to continue their operations and reduce their incentives. Government agencies also generate money to fund their budgets by selling the seized items. However, despite these benefits, the seizure of these assets has often been unjust and breeds corruption.

Even when you build a compelling case with the help of an attorney, the government will likely abuse its power by holding onto the property to make money unjustly. At Asset Forfeiture Attorney, we understand how forfeiture breeds corruption. We have discussed asset forfeiture and corruption to help you see why you should act fast and seek legal assistance to regain your assets and property before losing them indefinitely.

Equitable Sharing Concern

Many states have enforced laws to protect private citizens whose properties have been seized. In 2016, California passed Senate Bill (SB) 443, limiting equitable sharing and making it difficult for authorities to bypass forfeiture statutes. The bill increased the burden of proof for prosecutors to seize particular properties. Before the bill's adoption, police were allowed to seize property and keep it without a conviction in civil forfeitures. These claimants were forced to prove they were not guilty of the allegations against them in court to regain property ownership. The time and resources to recover these properties were immense, discouraging many from seeking legal reprieve.

After the bill took effect, law enforcement at the state level cannot adopt a case they did not investigate, although they can participate in joint investigations. Even if the agencies participate in joint investigations, they cannot receive a share below $40,000 unless the claimant whose property is in question is convicted. Nevertheless, a conviction is not required if the forfeited property is worth more than $40,000.

For properties worth $25,000 to $40,000, the prosecutor must show that:

  • A guilty verdict has been issued against the accused
  • The conviction is eligible for forfeiture per the state statutes
  • The alleged violation happened within a five-year window before the commencement of the forfeiture proceedings.

These high standards have made it difficult for local and state law enforcement to seize property, forcing them to explore other avenues.

Federal regulations did not change, as agencies can seize assets whenever they have probable cause, which is a lower evidentiary standard than at the state level.

In 2017, the US Attorney General disclosed a plan to bring back the federal Equitable Sharing Program. The plan encouraged state authorities to partner with federal agencies to take assets from suspected criminals and transfer them to the government to avoid state regulations that protect citizens whose assets are seized.

Today, whenever local or state law enforcement seizes property and knows they cannot satisfy the evidentiary standard required to continue holding it, they transfer it to federal entities, where the laws for holding seized property are less stringent. Through equitable sharing, the federal government entity sells the confiscated items. It gives at most 80% of the proceeds as an equitable share to the state law enforcement that transferred the property when they won the case.

The adoption program that enables local authorities to refer property confiscations to federal agencies like the DEA and FBI to avoid the local laws that would have made the seizure or sale impossible or difficult gives these state agencies an incentive to participate in unlawful property seizures for the kickbacks.

Apart from the hefty kickbacks, state law enforcement prefers transferring property to federal law enforcement agencies because it is quicker to prosecute asset forfeiture cases at the federal level than at the state level. Additionally, state statutes require the money generated from a forfeiture to be transferred to the general fund, assigned for particular use like budget shortfalls, education, or to cater to social needs. It means that the authorities involved do not directly benefit from the proceeds. However, they directly benefit from transferring the seizure to the federal level. The law at this level sometimes lets officers involved in a seizure keep the proceeds as a reward. So, local and state-level government agencies are encouraged to seize more property, even illegally, turn it over to federal agencies, and await prosecution, where they could receive rewards if the court’s verdict favors them.

Agencies at all levels are also motivated or encouraged to participate in corruption during seizures because the more they seize, the more points they receive, hence improved chances of promotion. So, one can conclude that an equitable sharing program explains why corruption is embedded in the asset forfeiture system.

The knowledge of Law Enforcement that Defendants Lack the Courage or Resources to Hire an Asset Forfeiture Legal Representative

Another factor that encourages corruption in asset forfeiture is the knowledge of the involved agencies. Since many defendants are criminals or suspected criminals, they will lack the courage to defend the seized property in court, making it easy to forfeit the property successfully. The assets subject to seizure by forfeiture agents include:

  • Narcotics, land, structure, or machines used in illegal substances production
  • Equipment utilized to violate the law, like machines for counterfeiting trademarks
  • Animals, if you are accused of animal cruelty
  • Cars used in the commission of criminal activities
  • Telecommunications or computers utilized in the commission of Internet fraud
  • Guns used in assault with lethal weapons

Besides, a property risks seizure if:

  • It facilitates crimes
  • It is used in criminal exchanges or transactions like trading assets or cash for contraband.
  • It is a process of contraband or criminal activity, such as real property, liquid money, or valuable assets.
  • Contraband associated with crime like weapons

When you own any of these assets and forfeiture agents seize them because of their association with crime, if you are afraid that claiming ownership could link you to the crime, you could be reluctant or lack the courage to claim the property and challenge the petition. Forfeiture agents take advantage of the fear of those linked to the property to contest the forfeiture to seize property even when there is no clear evidence linking it to crime.

Similarly, the agencies are protected by complex legal procedures that most claimants do not understand and lose their right to contest the forfeiture. For instance, once your property is seized, the agency posts a forfeiture notice in a newspaper. You will have 30 days from the day of the notice to counter the hearing. If you file a late response or do not respond, the court will grant the prosecutor a hearing and grant their forfeiture request.

Also, when you confuse the date and location of filing a petition, your application could be rejected by the court clerk. Besides, when the notice is published while you are in custody, you will have problems meeting the deadline for filing, especially if you lack private legal counsel or depend on a public defender. Without a forfeiture attorney, no one will explain the complex procedures involved, denying you the chance to regain property ownership.

An attorney is your best chance to protect your property rights and prevent a forfeiture. Unfortunately, when police seize your liquid money, request banks to freeze your accounts so that you cannot withdraw cash, or record forfeiture notices on your real property to prevent mortgaging, transfer, or sale, you will not have access to money to hire a competent forfeiture lawyer to defend you. Usually, you will receive these back after trial, meaning you are denied the chance to protect your rights and property aggressively. You will be forced to represent yourself or rely on a public defender, reducing your chances of reclaiming your property or winning the court case. The forfeiting agency will have an advantage because your ability to fight the forfeiture is diminished, almost guaranteeing them a forfeiture whenever they seize your property, bank accounts, or assets. You cannot reclaim the seized assets during case litigation unless you prove the extraordinary need for an asset like a car or home.

Profiled Interdiction

The asset forfeiture process also breeds corruption because of profiled interdiction. Forfeiture agents are trained to profile or identify suspects they believe carry liquid money or material gains that are proceeds of or linked to criminal activities to target them and seize their property for forfeiture. Federal agencies like the FBI and DEA have developed computer software to identify individuals traveling using highways, planes, and trains. Usually, the agents involved profile individuals, stop them, and then conduct searches. Several techniques are used to identify or profile suspects. Even if another party books you a train or plane ticket, the police software could flag you as a possible suspect.

Profiled interdiction breeds corruption when local law enforcement erects roadblocks to stop visitors or out-of-state drivers from seizing their liquid money under the guise that they suspect it is a proceeds of crime like narcotics sale even when they lack reasonable belief that you were committing a drug crime. When an asset forfeiture case stems from these circumstances, the involved agents testify that a sniffing dog discovered the drug-tainted cash. This is outright corruption, but unfortunately, some judges buy these stories and are not interested in establishing whether they are factual, despite most liquid money circulating nationwide being tainted with narcotics residue. The courts allow police to take part in corrupt tricks because asset forfeiture lets the agents keep the liquid cash seized. When forfeiture agents retain the money, the judges finance police and court operations. This is stealing money from state visitors and engaging in corruption even though the state residents are saved from paying taxes to fund some of these operations.

Dog Alerts

After police identify you as a suspect using computer software or special training, they will search you, lawfully or unlawfully. Forfeiture agents will delay or prevent you from leaving for a prolonged duration while awaiting a sniffer dog. Once the dog arrives at the scene, it sniffs around to alert the police of the presence of narcotics. The alert gives police reasonable suspicion to search you or your vehicle for drugs. Police should not detain and interrogate you for long without the sniffer dog. Therefore, they engage in all delays to keep you until the dog arrives. For instance, they can pretend to set you free only to change their minds and begin asking questions to deter you from leaving. If they cannot continue detaining you, they will find other excuses for the search.

In most cases, dog sniffs are fraudulent and a means to stop innocent citizens without reasonable suspicion of crime or probable cause for arrest. If you did not have any drugs on your person or vehicle, the dog sniff is unnecessary. Sniff dogs do not differentiate between money and drugs. Therefore, the police know that whenever the dog alerts them, even if there are no drugs, they will find money, which they will confiscate and keep. Others will lie about the alert. When doing this, they switch off the cameras so that even if you raise the matter in court, you cannot prove what happened.

However, with the help of an experienced forfeiture attorney, you can contest the legitimacy or accuracy of the do alert. The attorney will bring an expert witness to testify on the unreliability of the do alert. Additionally, they can submit the records and manuals of the sniffer dog’s training to challenge the alert used by the police as reasonable cause for the seizure leading to the seizure of your cash.

Find a Competent Forfeiture Attorney Near Me

Asset forfeiture is a tool the government utilizes to confiscate assets used in crime or proceeds of criminal activity. Forfeiture deprives criminals of the money required to run their operations, disrupts criminal organizations, and earns government money. Unfortunately, the tool has been breeding corruption, with law enforcement engaging in unlawful activities to seize cash and property for their selfish gains. As a result, claimants seeking to regain property ownership are having difficulty reclaiming their property, with many being discouraged from pursuing their rights and others lacking the funds to do so.

At Asset Forfeiture Attorney, we understand that police do not always follow the law regarding forfeiture because they directly benefit from the process. Therefore, we can guide and protect your rights throughout the process and restore your assets. Contact us at 888-571-5590 to schedule a free consultation in California and nationwide.