Responding to the Complaint for Forfeiture In Rem
If the United States files a complaint for forfeiture In Rem against the U.S. Currency within the 90-day deadline, the complaint for forfeiture In Rem names the U.S. Currency as the Defendant. This article explains how you should respond by retaining an attorney to file a verified claim, filing an answer to the complaint for forfeiture In Rem, demanding discovery, responding to the government’s interrogatories and request for production, litigating a motion to suppress and representing yourself during a jury trial if the case is not resolved on a pre-trial basis.
Contesting a civil asset forfeiture action is not a good do-it-yourself project. Instead, you should also contact an experienced forfeiture attorney so that you understand your rights and the best ways to file a verified claim for court action. Keep in mind that asking the government to “pardon” the property because you filed a remission or mitigation is rarely successful. Demanding court action and fighting the case is the ONLY way to challenge the legality of the seizure. If you are an attorney unsure how to proceed with your case, forfeiture attorney Sebastian Rucci can act as co-counsel in these cases with attorneys across the country.
Attorney Sebastian Rucci can help you demand that the case be referred for court action which triggers a 90-day deadline for the United States Attorneys’ Office to file a verified complaint for forfeiture In Rem. If a complaint for forfeiture is not filed within the 90-day timeline, then the property must be returned to the person who elected court action.
If the complaint for forfeiture is filed within the 90-day timeline, then an attorney can help you file a verified claim and answer with the court. Forfeiture attorney Sebastian Rucci often represents innocent owners of property who get caught up in a seizure or forfeiture. He also represents clients after their money was seized without a valid or lawful basis, including a warrantless seizure in violation of the Fourth Amendment of the United States Constitution.
Forfeiture attorney Sebastian Rucci is particularly experienced in civil asset forfeiture cases involving an allegation that a traveler at the airport carried more than $10,000 in U.S. Currency but filed to file a lawful Currency and Monetary Instrument Report or FinCEN 105 Form, engaged in a currency reporting violation or structured the transaction to evade the reporting requirements. Contact forfeiture attorney Sebastian Rucci to discuss your case. Whether your money was just taken or you are an attorney that wants to co-counsel with him to resolve the case, contact him today at 330-720-0398.
USA Complaint for Forfeiture In Rem
The notice is published pursuant to 21 U.S.C. § 881. The notice usually provides that any person claiming a legal interest in the Defendant Property must file a “Verified Claim” with the court within 60 days from the first day of publication of this Notice on this official government internet website.
The notice also explains why the claimant must file an “Answer” to the complaint or motion under Rule 12 of the Federal Rules of Civil Procedure within 21 days thereafter. The verified Claim and Answer must be filed with the Clerk of the Court in the appropriate District Court at the address provided in the notice, and copies of the verified Claim and Answer must be served upon the Assistant United States Attorney identified in the notice at the address listing in the notice.
A default will be entered and the court will order the forfeiture of the property under 18 U.S.C. § 983(a)(4)(A) and Rule G(5) of the Supplemental Rules for Admiralty or Maritime Claims and Asset Forfeiture Actions, if the verified Claim and Answer is not filed within the allotted time. After filing the verified complaint for forfeiture in rem, the United States Attorney’s Office will post a notice on www.forfeiture.gov. The www.forfeiture.gov website provides access to a standard petition form that may be mailed and the link to file a petition online. This website provides answers to frequently asked questions (FAQs) about filing a petition.
Notice of the Complaint for Forfeiture In Rem
After filing the complaint, the government is required to issue a personal notice of the pending lawsuit with a true and correct copy of the complaint and warrant being served on any potential claimants.
The notice of the lawsuit will be served on any potential claimants who have previously filed a claim along with a copy of the Warrant of Arrest in Rem. The Assistant United States Attorney (AUSA) assigned to the case will then file a copy of the Warrant in Rem and Summons returned.
Additionally, in accordance with Rule G(4)(a)(iv)( C), of the Supplemental Rules of Admiralty or Maritime Claims and Asset Forfeiture Actions, the United States will publish a notice of the forfeiture by posting it on an official government site (www.forfeiture.gov) for thirty (30) consecutive days.
The notice will list the last date to file a claim for the defendant’s currency. The proof of publication for the Public Notice of Action and Arrest is filed with the Court.
Deadlines to File a Claim and Answer
The claim and answer serve two different purposes: the claim sets forth the interest that the claimant is asserting in the property; the answer responds to the allegations in the Government’s complaint. A person asserting an interest in seized property, in accordance with subparagraph (A), shall file an answer to the Government’s complaint for forfeiture not later than 20 days after the date of the filing of the claim. Title 18, United States Code, Section 983 (a)(4)(B). Federal Rules of Civil Procedure Rule G(5)(b) Answer.
A Claimant must serve and file an answer to the complaint or a motion under Rule 12 within 21 days after filing the claim. Rule G(5)(b) provides that the claimant must file an answer to the Government’s complaint within 21 days of filing a claim.</p…