Attorney Fees Under CAFRA
If your property was seized for forfeiture, representing yourself is not a good option. On the other hand, hiring an attorney can be expensive, even if the attorney takes the case on a contingency fee basis so that you do not have to pay anything unless you win the case.
In United States v. $107,702.66, 2016 U.S. Dist. LEXIS 12211, *2, the court explained: The court may choose to allow counsel, appointed to represent an individual in a criminal case, to also represent that individual in related civil forfeiture proceedings. 18 U.S.C. § 983(b)(1)(A). Additionally, individuals who are facing forfeiture of their primary residence are entitled to court-appointed representation. 18 U.S.C. § 983(b)(2)(A).
However, neither of these provisions provides any assistance to a person whose U.S. currency or funds from a bank account is seized by the Government when that person faces no corresponding criminal charges. For these individuals, the goal is getting the government to return 100% of the seized property with interest and pay all of the attorney fees and costs.
Keep in mind that if you file a claim for court action and the government agrees to return the property within its 90-day deadline, then there is no good way to force the government to pay your attorney fees. In other words, the government is not typically liable for attorneys’ fees incurred by the owner of the property if the government returns the property within 90 days of the verified claim being filed.
For this reason, if the government agrees to return your property within that 90-day deadline, then it never offers to pay your attorney fees and there is no good way to force it to do so. On the other hand, the government can be held liable for attorneys’ fees, costs, and interest when it fails to promptly return the property after missing the 90-day deadline, or when it files a complaint for forfeiture within that 90-day deadline, but does not “substantially prevail” in the action.
In some cases, the government will attempt to avoid paying attorney fees by moving to dismiss the case without prejudice. In those cases, your attorney should object to the dismissal or alternatively, request that the court dismiss the case with prejudice. Also, file a motion for attorney fees under both 28 U.S.C. § 2465(b)(1) and Rule 41(a)(2).
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How To Get Attorney Fees in Civil Asset Forfeiture Cases
The government can be obstinant in these cases because they know that most people have no good way to fight back. Justice in these cases requires not just getting your money back quickly, but also getting the court to order the government to pay your attorney fees and costs.
If your property was seized for civil asset forfeiture, contact Sebastian Rucci, an experienced civil asset forfeiture attorney. Depending on the circumstances, we take civil asset forfeiture cases on a contingency fee basis throughout the United States. We get many of our cases from other attorneys in another jurisdiction who contact our law firm to assist them in resolving their cases. We can help our clients file a verified claim within 35 days of the notice of seizure being issued. Filing the verified claim triggers a 90-day deadline for the government to either return the property or file a complaint in the U.S. District Court.
Sebastian Rucci
If the government files a complaint for forfeiture in the U.S. District Court, we can file a judicial “Claim in Interest and Contest of Forfeiture” pursuant to Rule G(5)(a), along with a motion to dismiss or answer and counterclaim. If the claimant substantially prevails in the lawsuit, we can file a “Motion for Attorney Fees” pursuant to 28 U.S.C. § 2465(b)(1). If the government files a motion to dismiss in an attempt to avoid paying attorney fees, then we can show why the government’s attempt to gain a “strategic advantage” or engage in “procedural gamesmanship” should be denied.
Forfeiture attorney Sebastian Rucci can also file a motion for attorney fees pursuant to the Court’s discretionary authority to award fees in connection with voluntary dismissal pursuant to Rule 41(a)(2). Contact attorney Sebastian Rucci to contest a wrongful or illegal seizure of money or other valuable property in a civil asset forfeiture proceeding. Whether your money was seized at the airport, from a bank account, or during a traffic stop, we can help. Call 330-720-0398.
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