Seizure of Bank Accounts
If funds in a bank account are frozen, blocked, or seized under federal law. See 21 U.S.C. § 881(a)(6) and 31 U.S.C. § 5317(c)(2) or 18 U.S.C. §§ 1029, 500, and 513 by federal agencies including the United States Secret Service or the Federal Bureau of Investigations call experienced forfeiture attorney Sebastian Rucci.
When the authorities with the state or federal government seize money directly from a bank account, the bank records might show a large number of cash deposits under the $10,000 threshold that must be reported to the government.
Alternatively, law enforcement officers might look for evidence that money in a bank account was obtained in violation of state and federal law from the fraudulent use of access devices, counterfeited money orders, or other counterfeited securities.
Additionally, the United States Secret Service has begun seizing funds from bank accounts based on allegations of fraudulently obtained PPP loans or fraudulently obtained COVID-19 Economic Injury Disaster Loan (EIDL) loans related to the Cares Act. Seizures in these cases are based on violations of Titles 18 USC 1014 (loan or credit application fraud) or 18 USC 1343 (wire fraud).
Under federal law, CAFRA has similar notice requirements listed in 18 USC 981. In some cases, the notice is sent via certified mail. If you file a verified claim for the money seized, then an attorney for the law enforcement agency that seized the funds from the bank account might file a Complaint/Petition for Judgment of Forfeiture. The allegations in the Complaint are often verified by the law enforcement officer, detective, or special agent that investigated the case.
Newspaper Articles About Forfeiture Abuses
Homeland Security (9-09-2014): ICE agents seize $65 million in bank deposits
CNN (1-31-2022): FBI illegally seized cash belonging to licensed dispensaries
CNBC (10-20-22): Customers battle to regain billions in bitcoin the DOJ seized
LA TIMES (9-23-2022): FBI misled the Judge on Beverly Hills safe deposit box seizure
USA Today (7-16-2021): Innocent people shouldn’t lose cash to forfeiture
Attorney for Bank Account Seizures for Forfeiture
If you received a notice that a local, state, or federal government agency seized funds from your bank account for forfeiture, then contact experienced asset forfeiture attorney Sebastian Rucci. Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures.
The notice that funds were seized for forfeitures from bank accounts explains that a forfeiture action is pending. In federal asset forfeiture cases, we represent clients throughout the United States. We help our clients file a verified claim to demand court action regarding the funds.
If the funds were seized by a federal agency, you can immediately file a verified claim for court action which triggers a 90-day deadline for the agency to either refund the money or file a complaint in the U.S. District Court. For forfeitures under state law, any person entitled to notice as to the seizure of the funds from the bank account and those who have legal standing to contest the seizure may request an adversarial preliminary hearing within 15 days in a civil asset forfeiture proceeding.
Act quickly. If you want to contest the seizure of funds in a bank account, your best chance of getting the money back quickly often requires demanding an adversarial preliminary hearing immediately after receiving the notice or filing a claim. Do NOT wait until the end of the 15 days because you must ensure the demand for an adversarial preliminary hearing is RECEIVED within the time provided.
An attorney can help you file a timely demand for the adversarial preliminary hearing by notifying the agency’s counsel, in writing, via certified mail within 15 days of receiving any Notice of Seizure. If the demand is not timely or otherwise invalid, you might inadvertently waive your right to an adversarial hearing. Forfeiture attorney Sebastian Rucci can help you file a claim for the seized property and litigate a demand for the adversarial preliminary hearing.
Seizures of Bank Accounts by the U.S. Secret Service
If the United States Secret Service seized funds from your bank account for civil asset forfeiture proceedings, you will receive a letter from the customer outreach department or the garnishment processor working at the bank. The letter explains how much money was seized from your bank account and instructions on how to challenge the seizure.
Instead of representing yourself by submitting a petition for remission or mitigation, the better course of action is to retain an attorney to help you submit a verified “claim for court action” form.
The notice of seizure might claim that the money was seized for forfeiture by the United States Secret Service from a United States bank…