Blog
Criminal Defense: Asset Forfeiture Seizure Attorney
Last Updated on: 10th February 2025, 08:05 pm
CRIMINAL DEFENSE: ASSET FORFEITURE SEIZURE ATTORNEY
If you’re reading this, it might be because the government has seized—or is about to seize—your personal or business assets. This is an issue where you will want legal help.
ASSET FORFEITURE can happen in either state or federal cases. It’s a tool the prosecution uses when it suspects certain assets are connected to criminal activity. This is also a way for the government to put pressure on you, in order to get you to settle. Under laws like 18 U.S.C. § 981 or 21 U.S.C. § 881, the government can seize a wide array of property ranging from cash, cars, and homes to bank accounts and even cryptocurrency.
SPODEK LAW GROUP
We are NYC Criminal Lawyers with OVER 50 YEARS OF COMBINED EXPERIENCE.
Our team of criminal attorneys has handled criminal defense cases nationwide. We pride ourselves on providing a white-glove experience. We understand how daunting asset forfeiture is, and we can help you at every step. Regardless of your situation, we are committed to helping you get an outcome that works for you and your family. Many people are mistaken, that once their assets are seized its permanent – this is not true.
AS SEEN ON TV
Our law firm has been featured on major news outlets for high-profile cases. Regardless of the situation you find yourself in, our attorneys are prepared to defend your assets and your future, and your family.
UNDERSTANDING ASSET FORFEITURE
Asset forfeiture is the process by which the government claims ownership of property/assets that are allegedly linked to a crime. These cases often arise in matters involving drug trafficking, money laundering, or fraud offenses. For example, if you’re accused of orchestrating a financial crime, the Department of Justice (DOJ) may file a civil or criminal forfeiture action against your bank accounts.
For more information on the government’s official asset forfeiture policies, you can visit this DOJ website.
TYPES OF ASSET FORFEITURE
- Administrative Forfeiture: Occurs when federal agencies like the DEA or FBI seize property without direct court involvement.
- Civil Judicial Forfeiture: Filed in court against the property itself, under the premise that the property is “guilty.”
- Criminal Forfeiture: Tied directly to criminal charges; if you’re convicted, the government can claim the assets in question.
PENALTIES AND PUNISHMENTS
When your property is seized, you face a serious risk of permanent loss if you do not fight back.
Even if you’re never charged with a crime, civil forfeiture proceedings can still move forward against your property. That means you could lose your assets without a criminal conviction. In the worst-case scenarios, the government seizes bank accounts, real estate, and personal valuables—depriving you of resources to mount a defense.
WE DEFEND YOU
We take asset forfeiture seriously. Our objective is to safeguard your financial stability and protect your rights. If the government seizes your property, you have the right to contest the forfeiture. You also have the right to remain silent and avoid self-incrimination if the government tries to get you to testify regarding your assets.
STRATEGIES FOR ASSET FORFEITURE DEFENSE
- Challenging Probable Cause
Regardless of the stage of your case, the government must show a nexus between the property and alleged criminal conduct. We scrutinize every piece of evidence to find holes in the prosecution’s narrative. - Innocent Owner Defense
You may argue you had no knowledge or involvement in any illicit activity. For instance, if a spouse or business partner used your property without your awareness, we highlight your innocence to defeat the forfeiture. - Procedural Defects
We assess if the government followed proper procedures under Rule 32.2 of the Federal Rules of Criminal Procedure (for criminal forfeiture) or under civil forfeiture statutes. If deadlines are missed or protocols overlooked, that can be grounds for dismissal. - Negotiated Settlement
At times, it may be beneficial to negotiate the return of part of the seized assets. Our attorneys know how to deal with prosecutors—while never forgetting the client’s best interests. We also consider the possibility of a global resolution to handle both the criminal case and forfeiture at once. - Constitutional Challenges
If your Fourth Amendment or Fifth Amendment rights are violated, we can move to suppress evidence or dismiss the action. Unlawful searches and seizures, or coerced confessions, can render the government’s entire case invalid.
RECENT CASE HIGHLIGHTS
In recent years, our team has handled forfeiture cases involving significant sums of money in high-profile financial prosecutions. We’ve also taken on cases in jurisdictions across the USA, where we mounted aggressive legal strategies that led to favorable resolutions or outright return of seized assets.
TOP RATED CRIMINAL LAWYERS
We are proud to be recognized among the top rated lawyers in the USA. Our attorneys have been interviewed by major news outlets for insights into high-stakes criminal defense issues. We have 50 years of combined experience defending clients nationwide.
WHY YOU NEED AN EXPERIENCED ASSET FORFEITURE SEIZURE ATTORNEY
The government’s power to seize is broad, but not unlimited. Having an experienced attorney means you’ll have someone who knows the nuances of both criminal and civil forfeiture proceedings. Someone who understands how to handle the pressure the government uses to push for quick settlements or pressure you into waiving rights.
DEDICATED 24/7 AVAILABILITY
We’re available around the clock to help you. If you’ve received a notification from a federal agency like the DEA, FBI, or ICE, or if your bank accounts are suddenly frozen, time is of the essence. Call us immediately for a risk-free consultation.
KEY STEPS TO TAKE IF YOUR PROPERTY IS SEIZED BY THE FEDS
- Stay Calm
Do not make ANY statements or sign documents without speaking to a lawyer first. - Consult An Attorney
This is critical for understanding your rights and options. Speak to an attorney ASAP. - Gather Documents
Start compiling account statements, property deeds, or any records showing legitimate ownership, and no ties to crime. - Comply Carefully
Avoid ignoring any notices or court dates. Failure to respond to a notice can lead to a default judgment against your property.
GOVERNMENT AGENCY RESOURCES
For official details on asset forfeiture, you can visit The Department of Justice Asset Forfeiture Program. You can also consult the FBI’s official page on white collar crime to understand how forfeitures fit into broader criminal investigations.
LET US FIGHT FOR YOU
If you’re losing sleep over seized money or the threat of forfeiture, remember: we can help you. Our goal is getting the best outcome possible—whether that means challenging the seizure in court, negotiating with prosecutors, or working to get the entire case dismissed.
NYC CRIMINAL LAWYERS ON YOUR SIDE
Our defense law firm handles a curated group of clients nationwide, which means we have substantial resources and individualized attention to each matter. We never shy away from a tough fight.
CONTACT US FOR A RISK FREE CONSULTATION
We are here 24/7 to help you. One phone call from our law firm can make the difference between losing everything and protecting your rights.
FREQUENTLY ASKED QUESTIONS
Do I have to be charged with a crime for my assets to be forfeited?
No. Civil forfeiture is definitely possible even if you aren’t charged criminally, long as the government claims your property is tied to alleged wrongdoing.
How long does the government have to initiate forfeiture?
Deadlines can vary, but the government has to generally act within a certain time frame after seizing property. Missing deadlines can be grounds to return the assets.
What if the property belongs to my family?
If you can show you’re an innocent owner, or that someone else who had no knowledge of the criminal activity, you might be entitled to recover the property. This is something which can take some time, but it’s not impossible to do.
WE’RE PREPARED TO HELP
Regardless of the accusations, we know how to navigate the complex asset forfeiture process. We have immense experience and are ready to deploy every legal defense strategy to reclaim what’s rightfully yours. Once you call our law firm, we will set you up with a risk free consultation with one of our attorneys. We will discuss your rights, what options you have, and how to get your assets back. If there’s a legitimate way, we will find it for you.