The 90-day deadline comes into play after a demand …
Statute of Limitations in Forfeiture Cases
If your property was seized for forfeiture, you should act quickly to retain a qualified attorney to represent you are each stage of the case. In any forfeiture action, your attorney must act quickly to preserve evidence (including any surveillance video of the detention or seizure) and file a claim or demand for court action.
What if the government takes too long to begin the seizure process? Federal law has long recognized that the statutes of limitation that bars the rights of the government, must receive strict construction. See E.I. Du Pont De Nemours & Co. v. Davis, 264 U.S. 456, 462 (1924).
Under the plain language of § 1621, the legislative intent in a traceable proceeds case is to give the government five (5) years after it discovers that property is tainted by its purchase with drug proceeds to commence a civil in rem forfeiture action against the property. In other words, the civil forfeiture statute requires that an action be filed within five years after the time when the alleged offense that gives rise to the forfeiture was discovered.
In Gabelli v. SEC, 133 S.Ct. 1216 (2013), the United States Supreme Court concluded that the five-year statute of limitations in 28 U.S.C. § 2462, applies to actions for penalties, fines, and forfeitures. The five-year statute of limitations for forfeiture actions begins to run when a violation is complete rather than when it is later discovered.
If you want to set aside a declaration of forfeiture because you did not receive notice, be aware that CAFRA also provides that a motion to set aside the declaration of forfeiture must be filed no later than five years after the date of final publication of notice of seizure. For the institution of an action to seize substitute assets under 18 U.S.C. § 984, the applicable statute of limitations is one year. United States v. Estate of Parsons, 367 F.3d 409 (5th Cir. 2004).
Attorneys for the Statute of Limitations in Forfeiture Cases
The attorneys at the Rucci Law Firm represent clients in civil asset forfeiture actions in federal court. Contact us to discuss how the five (5) year statute of limitations for civil asset forfeiture actions might impact your case. Forfeiture Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures. Attorney Sebastian Rucci often works with attorneys in other jurisdictions as co-counsel to fight forfeiture and seizure cases throughout the United States.
Tolling of the Statute of Limitations for Forfeiture Actions
The statute of limitations is tolled during any period of concealment. The tolling provision enables the government to file a civil forfeiture action when it learns or discovers the involvement or purchase of the property with drug proceeds.
If the § 1621 limitations period were not tolled until the government discovers the drug-tainted nature of the property, then a convicted drug trafficker would be rewarded by succeeding in his efforts to conceal the fruits of his criminal drug activities. When the statute of limitations is asserted as a bar to pursuing a forfeiture case, the court must first determine when the government discovered “the alleged offense.” In a traceable proceeds case, this knowledge of the connection or link of drug proceeds to the subject property commences the running of the five-year limitations period.
Under 19 U.S.C. 1621, the statute of limitations in a federal seizure case is the latter of either: two (2) years from the date that the involvement of the property in the alleged offense was discovered; or five (5) years from the date of discovery of the violation. During any time during which the property subject to forfeiture is absent from the country, that time might not be counted in the statutory period of limitation.
Other Time Limitations in Forfeiture Actions
CAFRA imposes other statutory deadlines in forfeiture cases including a 60-day deadline to issue a notice of seizure to all interested parties; a 90-day deadline to file a complaint for forfeiture after the demand for court action is filed
The 60-day deadline to issue the notice of seizure is explained in Title 9 of the Department of Justice Manual in 9-112.210 as follows: Section 983(a)(1) requires that written notice of an administrative forfeiture action be sent to interested parties as soon as practicable but no later than 60 days after the date of the seizure. For interested parties determined after the seizure, the written notice shall occur within 60 days after reasonably determining ownership or interest. See section 983(a)(1)(A)(v)…. If a seizing agency discovers that it has inadvertently failed to comply with a deadline for sending notice of the administrative forfeiture of property in a case where such deadlines apply, and the person from whom the property was seized has not waived the 60-day deadline, no further action may be taken to forfeit the property administratively based on the offense giving rise to the original seizure, and the property must be returned to the person from whom it was seized in accordance with section 983(a)(1)(F) unless the return of the property would be unlawful, or unless the Government, as soon as may be practicable, commences a judicial forfeiture proceeding by (1) naming the property in a criminal indictment or information and obtaining a judicial order pursuant to section 853(e) or (f) allowing it to hold the property; or (2) filing a civil judicial forfeiture action and retaining lawful possession of the property pursuant to an arrest warrant in rem.
The 90-day deadline comes into play after a demand …