Federal and state law gives the government broad authority to seize property alleged to be connected to criminal activity — and it doesn’t always require a conviction, or even criminal charges, to do so. Criminal asset forfeiture is tied to a conviction and proceeds against the individual. Civil asset forfeiture, by contrast, is an action against the property itself, meaning the government can seek to seize assets even when the owner has never been charged with a crime. The burden on the government to initiate a civil forfeiture is low; the burden on the property owner to fight back can be substantial.
Forfeiture proceedings have their own procedural rules and substantive framework, distinct from ordinary civil litigation. The government pursues forfeiture in connection with a wide range of alleged conduct — including fraud, securities fraud, insider trading, money laundering, and sanctions violations — and the stakes can be severe: the loss of cash, real estate, vehicles, vessels, business assets, and other property. In some cases, forfeiture actions are brought in circumstances where the underlying legal basis is thin or the connection between the property and the alleged conduct is attenuated.
Ford O’Brien Landy LLP has experience defending clients in civil and criminal forfeiture proceedings, including representing the owner of a mega yacht in a DOJ forfeiture action. We understand both the underlying substantive areas that give rise to forfeiture — securities law, insider trading, money laundering, and sanctions — and the distinct procedural and strategic demands of forfeiture litigation itself. We fight to protect our clients’ property at every stage of the process.
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Federal asset forfeiture is the process by which the government takes ownership of property it alleges is connected to a crime, such as proceeds of fraud, property used to commit an offense, or funds involved in money laundering. Forfeiture can take several forms. Criminal forfeiture is imposed as part of a defendant’s sentence after conviction. Civil forfeiture is a separate court proceeding brought against the property itself. Administrative forfeiture allows a federal agency to forfeit certain property without any court involvement if no one files a timely claim to contest it. Forfeiture can reach bank accounts, real estate, vehicles, businesses, digital assets, and other property, sometimes including property held by people who were never accused of wrongdoing. Ford O’Brien Landy represents individuals and businesses in a variety of federal forfeiture matters.
Yes. Through civil forfeiture, the government can seek to forfeit property without charging, let alone convicting, its owner. In a civil case, the government generally needs to prove only by a preponderance of the evidence, a far lower standard than in a criminal case, that the property is connected to criminal activity. Property may also be seized at the outset of an investigation, long before any charges are filed, and in many cases the government will move to forfeit it administratively unless the owner takes action.
Yes, but acting quickly is critical. When property is seized for administrative forfeiture, the owner generally must file a claim within a strict deadline to force the government to justify the forfeiture in court; missing it can result in the property being forfeited by default. Other options may include petitioning the agency for the return of property or a reduction in the amount forfeited, seeking the release of property to avoid substantial hardship, and, in criminal cases, asserting third-party interests in property ordered forfeited from a defendant. The right strategy depends on how the property was seized and whether related criminal proceedings are underway, since contesting a forfeiture can carry risks in a parallel criminal case. The Firm helps clients evaluate those risks and pursue the most effective path to recovering their property.
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