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Forfeiture Articles
- Statute of Limitations in Forfeiture CasesThe 90-day deadline comes into play after a demand … If your property was seized for forfeiture, you should act quickly to retain a qualified…
- Seizures of Bank AccountsIf 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. §§…
- Seizure of Cryptocurrency for ForfeitureWhat happens when a federal agency obtains a warrant to seize cryptocurrency for forfeiture? If your account was frozen because of an investigation…
- Seizure of Bitcoin for Civil Asset ForfeitureThe U.S. Department of Justice recently launched the Digital Asset Coordinators Network, a network of 150 federal law enforcement officials tasked…
- Rule 41(g) Motion for the Return of PropertyFederal Rule of Criminal Procedure 41(g) provides that “[a] person aggrieved by an unlawful search and seizure of property or by the deprivation of…
- Responding to the Complaint for Forfeiture In RemIf 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…
- Petition for Remission or Mitigation of the ForfeitureAfter your property or currency is seized, you should hire an attorney to file a verified claim for court action (sometimes called “early judicial…
- Motion to Suppress in CAFRA Forfeiture CasesThe Fourth Amendment of the United States protects the “right of the people to be secure in their persons, houses, papers, and effects, against…
- Motion to Set Aside a Declaration of ForfeitureThe Civil Asset Forfeiture Reform Act of 2000 (CAFRA) sets forth the general rules for civil forfeiture proceedings. 18 U.S.C. § 983. When CAFRA was…
- Innocent Owner DefenseAfter the Government has sustained its initial burden of proof on forfeitability, federal law entitles any claimant with standing to assert the…
- In Rem Warrant of ArrestIf the Assistant United States Attorney files a “Verified Complaint for Forfeiture In Rem” they also often file an application for a “Warrant of…
- Forfeiture for Money Transmitting BusinessForfeitures occur under both state and federal law. Under federal law, 18 U.S.C. § 1960 prohibits operating a “money transmitting business” without a…
- Final Administrative Action by Customs and Border ProtectionAfter your U.S. Currency or other property is seized by an agent with the Department of Homeland Security Investigations (HSI) or Customs and Border…
- Warrant of Arrest in RemWhat is a motion for issuance of a warrant of arrest in rem? After filing a complaint in a cash seizure and forfeiture case, when the Government is…
- Seizures of Real Estate for ForfeitureUnder the 2009 Asset Forfeiture Policy Manual published by the U.S. Department of Justice, Criminal Defense, Money Laundering and Asset Recovery…
- Seizures of Currency from FedEx or UPS PackagesIn addition to the personal notice, the government must post the notice of seizure and intent to forfeit online. Once notice is received, the…
- Motion to Suppress in Forfeiture CasesWhen your money or property is seized without a warrant, one of the most important defenses in the case requires filing a motion to suppress…
- Federal Civil Asset ForfeitureSupplemental Rule G(8)(c) allows the United States to move to strike a claimant’s claim or answer under certain circumstances. See Supp. R. G(8)(c).…
- FBI Seizures and ForfeituresIn civil asset forfeiture cases, the FBI might seize U.S. currency, cryptocurrency, Cashiers’ checks, money orders, gold or other precious metals,…
- Attorney Fees under CAFRAIf your property was seized for forfeiture, representing yourself is not a good option. On the other hand, hiring an attorney can be expensive, even…
- Asset Seized by U.S. MarshalsThe United States Marshals Service plays a substantial role in identifying and evaluating assets forfeited by the Department of Justice. The U.S.…
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