Asset forfeiture is a term used to describe the confiscation of assets by the Government which are either the proceeds of crime or the "instrumentalities of crime". Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics.
There are two types of forfeiture cases: criminal and civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender.
Before the Civil Asset Forfeiture Reform Act was enacted in 2000, the government only had to establish probable cause that the property was subject to forfeiture; the owner had to prove on a "preponderance of the evidence" that it was not. The new law does hold the government to the "preponderance of evidence" standard and shifts the burden of proof to the federal government instead of the property owner, but the property owner still need not be found guilty of any crime.
Since the government can choose the type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years. It should be noted however, that in 80% of asset forfeiture cases no one is ever charged with a crime. Federal agents often pursue forfeiture through sealed documents, or avoid the court system entirely by seizing assets without charging the owners with any crime in a procedure called "administrative forfeiture." This policy results in thousands of cases each year where the feds take cash, guns or other items from U.S. citizens without a judge or jury. Fifteen federal agencies have the power to seize assets, and over the past dozen years those agencies have taken more than $20 billion in cash, securities and other property. The United States Treasury Department is responsible for managing and disposing of properties seized by Treasury agencies.
The goal of both programs is to maximize the net return from seized property by selling at auctions and to the private sector, then using the property and proceeds for "law enforcement purposes".
In recent years, state and federal governments have used a wide variety of statutes to seize and ultimately confiscate personal and real property from American citizens. You must respond immediately to any notice that the government intends to go ahead with forfeiture proceedings: the forfeiture process has crucial deadlines and failure to respond may be devastating to your ability to defend your rights in court.
At Kuniansky & Associates we have the skills necessary to effectively defend individuals and corporations charged with a range of serious federal and state crimes. We are committed to providing personal attention to every client and have a deep understanding of prosecutorial strategies, conducting thorough investigations and preparation in every case. We have more than 30 years of valuable trial experience to bring to your defense.
If you believe you may be under federal or state investigation for a crime, it is critical to your case that you hire a qualified criminal defense attorney right away. The law office of Kuniansky & Associates will work diligently to ensure your rights are protected. Visit www.forfeitures-attorney.com for more information or call (713) 622 8333 for a free consultation.
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