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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.
Federal Civil Forfeiture Defense Lawyers
Fighting Federal Civil Forfeiture: How to Get Your Property Back
Law enforcement uses the tool of asset seizure for the purpose of denying criminals the ability to profit from their crimes, but sometimes, it also affects innocent people. Having your property returned to you can be a difficult thing to accomplish, but it isn’t impossible.
Civil Judicial Forfeiture
Rather than focus on a person, law enforcement officials focus on the person’s property in a civil judicial forfeiture. This property is alleged to have been the proceeds from some criminal activity. It may also be money that funds the criminal activity.
In a case, the plaintiff is going to be the federal government, and the defendant will be the property that was seized. Law enforcement chooses to charge property with the crime rather than the people because this strategy allows them to file charges against property that they would not be able to charge in criminal court. This applies to the property that belongs to terrorists and fugitives located outside of the United States. Law enforcement officials also use federal civil forfeiture to recover assets of deceased individuals.
Federal Civil Forfeiture Defenses
The Money Laundering Act of 1986 makes it illegal to use money that was derived from illegal activity to purchase items with the purpose of disguising the origins of the money. According to the currency transaction reporting requirements, your financial institution is required to file a report with the federal government when you make financial transactions worth more than $10,000. Doing anything to avoid this violates the Money Laundering Act of 1986. This is also illegal if the purpose is to avoid having to comply with state or federal currency transaction reporting requirements.
If you are looking for a lawyer that listens, is aggressive where needed, and holds his word above all else, Todd is the best pick. I had hired multiple attorneys prior to hiring the Spodek Group for a white collar case. The first thing that stood out to me was the cost, as anyone going through the process and dealing with the system, money was tight at that time - especially after hiring and firing multiple lawyers. The cost was not as high as others which was definitely a plus. Todd's intake process was also unlike other attorneys. He took the time to actually listen. He cared. He was trying to put himself in my shoes while I was explaining the situation to him and he really took the time to understand the whole situation. Other lawyers will give you 15 mins and send you a retainer agreement. Not Todd, I think he spent almost two hours with me as I was explaining everything.Not only was he great during the onboarding process, he was supportive and very informative through the entire plea process and eventually sentencing. After hiring him, I asked if I should hire a prison consultant, he told me to save my money as he would do everything they would. He was right and held up to his word. Later on I would hear from others that went with the prison consultants that they were a waste of money - I am glad I listened to Todd!When it came time for sentencing, two days prior to sentencing, the prosecutor tried increasing my proposed prison time by almost double - apparently a normal move. Todd and his team worked with me non-stop through the weekend prior to sentencing to ensure that I was not given additional prison time. Again, he took the time to listen and came up with a strategy to explain the case with great detail.Unfortunately, I did plead guilty as that was my best option. Todd and his whole team wrote up nearly 300 pages of a summary of what happened and why I should not be given prison time. If I breakdown the amount I spent with Todd versus the amount of work that I saw being done, I am shocked I was not charged four times as much. The other benefit was, a lot of criminal defense lawyers were just a single attorney with a paralegal or two. Todd had a team of people that I dealt with (5-7 people that I interacted with), but he was ALWAYS accessible. It would never take him more than an hour to reply unless he was in court.I was sentenced to prison and I was emotionally distraught. Todd and his team did whatever they could even after sentencing to make sure I was alright. He personally stayed in touch with my family to ensure I was doing alright and offered support to them. Most lawyers would consider the job complete at sentencing, not Todd.After prison, Todd still spent time with me to make sure I was on the right track and avoiding any potential risks in the future. He has also been giving advice on how to navigate probation etc and has not been looking at the clock for billing.Although I wish I had never been arrested in the first place, I am glad I had Todd and his team in my corner. Without them I likely would have had to spend a lot more time in prison than I did.Thank you, Todd, and the entire Spodek Law team, for helping turn what was a nightmare into a manageable situation!
I am immensely grateful to the entire team at Spodek Law Group for their unwavering dedication and exceptional expertise throughout my case. From our initial consultation to the final resolution, their professionalism and tireless advocacy made all the difference. Their strategic approach and attention to detail instilled confidence in me every step of the way.Thanks to their hard work and commitment, we achieved a truly favorable outcome that exceeded my expectations. Not only did they navigate the complexities of my case with precision, but they also provided invaluable support and guidance during what was undoubtedly a challenging time. I cannot recommend Spodek Law Group highly enough, especially attorneys Todd Spodek and Claire Banks; they are beacons of excellence in the legal profession.YSP.
Todd, Ralph and Alex are amazing. Helped my husband get from a double digit number with multiple charges to a single digit, by the time I blink he will be out. They very professional and help with all your needs. They dealt with my anxiety and worry very well and they understand that your family member needs to get home as soon as possible.
Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.
I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence.Thank you team!
I recently had Spodek Law Group represent me for a legal matter in NYC and I am thoroughly impressed with their services.Alex Zhik secured the best possible outcome for my case.It was a seamless journey from the initial consultation to the resolution of my legal matter. From the moment I spoke to Todd about my case, his enthusiasm to help was evident, setting a positive tone for the entire experience. The efficiency and professionalism displayed by the team is commendable.A particularly noteworthy aspect of their service is their user-friendly portal to upload your documents/evidence. This not only simplified the process, but showcases their commitment to streamline the client experience.Lastly, in an industry where legal fees can often be a concern, I found their pricing to be very reasonable, making needing legal assistance feel accessible and stress-free.I am grateful for their support and wouldn't hesitate to turn to them again in the future.
The government must show by a preponderance of the evidence that the money in question is derived from specific illegal activity. If you are accused of laundering the money or intentionally avoiding currency transaction reporting requirements, the government must show evidence of these actions by you. If it cannot do that, the government’s claim on your cash or assets will fail in a court of law.
Defending against a Federal Civil Forfeiture
The federal government must meet the legal standard of the “balance of probabilities.” The federal government only needs to demonstrate that there is sufficient evidence to prove that the money or assets in question were the result of illegal activity or used in the illegal activity. This standard is much lower than the one used in criminal cases. Your attorney will need to present evidence that shows that the property was not derived from illegal activity or was not purchased with money derived from a crime. Examples of this type of evidence include contracts and other documentation.
The Affirmative Defense
With an affirmative defense, your attorney will introduce evidence that disproves that you were involved in criminal activity. Your property may be returned to you even though it can be proven that the property was involved in criminal activity. This affirmative defense would require you to prove that you were unaware of the illegal activity that occurred.
The Eighth Amendment of The Constitution
The Eighth Amendment of The Constitution relieves you of the possibility of receiving excessive fines in a criminal case. Your attorney may be able to prove that the confiscated property is commensurate of an excessive fine and would be unconstitutional.
Fighting Federal Civil Forfeiture
The most important thing you can do when your property has been confiscated by law enforcement is hire a criminal defense law firm. Most people fail to do this because they wrongly believe that there is nothing that they can do to get their property back. It may be difficult to do, but it is possible when you hire a criminal defense attorney.
You must file a claim to have your property returned to you. After you file your claim, the federal government only has three months to file a complaint in federal court or charge you with a federal crime. It’s very possible that three months will not be enough time for the law enforcement agency to pursue either of these options. If the federal government has not taken any action by the time the three-month window closes, the agency must return your property to you.
In most cases, federal civil forfeiture ends with filing a claim for the property. However, it is possible that you may need to continue this matter in federal court, and the best way to do this is with a criminal defense attorney.
Contact a criminal defense law firm today if your property was seized by the federal government. The experienced attorneys at Spodek Law Group can help you navigate the complex legal process and fight to get your property back.
