Asset Forfeiture Actions

Federal and state law empowers law enforcement agencies to seize property through criminal, or civil asset forfeiture mechanisms. Criminal asset forfeiture is directed against the individual (in personam), and thus can only be imposed in connection with a criminal conviction. Civil asset forfeiture, on the other hand, attaches to the property itself (in rem), and thus can be imposed even if the property owner is never charged with a criminal offense.

Civil asset forfeiture matters are governed by procedural rules and a body of substantive law that are unique and distinct from typical civil commercial disputes. Sometimes, these matters are borne from political agendas, rather than legitimate law enforcement purposes. Law enforcement officials have pursued asset seizure and civil forfeiture based on allegations of securities law violations, insider trading, money laundering, and sanctions violations. We are not only experienced in these underlying practice areas, but we have the experience and know-how to fight for clients’ property interests in these unique cases.