Asset forfeiture allows the government to seize money, vehicles, real estate and other property it claims is connected to criminal activity. While forfeiture can potentially serve as a powerful enforcement tool, this effort can be challenged successfully under certain circumstances. Defendants and property owners often have meaningful opportunities to push back, especially when the government overreaches or fails to meet state or federal legal requirements.
Law enforcement must generally show a connection between the property at issue and alleged criminal conduct. Mere suspicion or proximity is not always enough. If the government cannot establish that the property was used in, derived from or intended to facilitate illegal activity, forfeiture may be improper. Defendants can contest whether that link actually exists.
Taking action after property has been unjustly seized
Asset forfeiture cases are generally governed by strict rules regarding notice and deadlines. Property owners must be notified of the seizure and allowed to challenge it. If the government misses deadlines or fails to provide proper notice, forfeiture may be vulnerable to dismissal. Likewise, owners must act quickly, as failing to respond on time can result in permanent loss of property without a hearing.
Additionally, courts have recognized that forfeiture should not be excessive in relation to the alleged offense. When the value of seized property far exceeds any alleged wrongdoing, defendants may argue that forfeiture violates constitutional protections. This argument is often especially relevant when the property at issue represents a person’s primary means of transportation, livelihood and financial security.
In some cases, a person facing criminal charges is not the sole owner of the property being seized, or another owner had no knowledge of the alleged conduct. Innocent owner defenses may allow individuals to argue that they should not lose property because they did not participate in or consent to any illegal activity. Defendants may also push back when forfeiture is pursued before a criminal case is resolved. In certain situations, property is seized even though charges are pending or are ultimately never filed.
Asset forfeiture concerns can feel overwhelming, particularly when property is seized without a conviction. However, defendants are not powerless. Knowing when and how to push back can make a significant difference.