Asset Forfeiture Seizures in New York

Civil and criminal asset forfeiture is a powerful tool prosecutors and law enforcement agencies use to punish offenders, disrupt criminal enterprises, fund agency activities, and reimburse crime victims. The U.S. attorney’s office in New York even has lawyers dedicated to maximizing seizures by tracing unlawful gains and purchases.

If you’re subject to overzealous or unlawful asset forfeiture attempts, immediately contact experienced asset forfeiture defense lawyer Peter Katz. He can help you file a claim, negotiate a forfeiture settlement, or defend against seizures in court.

Property Subject to Law Enforcement Seizures in New York

Federal agencies have broad authority to seize any asset used to further criminal activities, received as a result of those activities, or purchased with unlawful gains. Though this generally means property titled in your name, such as a home or bank account, it can also include items gifted to others, joint bank accounts, and assets co-owned with a spouse. Most asset seizures involve the following:

• Bank accounts
• Cash
• Gold and jewelry
• Vehicles
• Homes and property
• Handbags
• Livestock/animals
• Stocks and bonds
• Art and collectibles
• Firearms

Provided law enforcement can trace the assets to the proceeds of unlawful activities, they are subject to forfeiture.

Seizing Items Used to Further Criminal Conduct

In addition to assets purchased with unlawful gains, law enforcement can also seize any item used to further criminal conduct, regardless of whether the purchase is traced. For example, the FBI can seize a home used to manufacture illegal drugs even if the offender purchased the house with otherwise ‘clean’ funds.

Problems often arise when unlawful gains are mixed with lawful gains, which usually occurs when you’re charged with a white-collar offense. Defending against these overzealous seizures requires help from a dedicated asset forfeiture negotiation and settlement attorney.

Defenses to Asset Forfeiture in New York

The defenses available to asset forfeiture attempts depend on whether you’re subject to civil or criminal proceedings:

Civil Forfeiture

Civil judicial forfeiture does not require an associated criminal conviction if law enforcement can prove that the assets were used to facilitate criminal activities or purchased with unlawful gains. In such cases, a civil asset forfeiture defense lawyer can challenge the forfeiture in court and even demand a jury trial. This includes defending innocent third parties from seizures.

Criminal Forfeiture

Criminal asset forfeitures only take effect upon conviction. Further, the court must enter the final forfeiture order during sentencing. Defending against these forfeitures often involves defeating the criminal charges. By getting charges reduced or dismissed, prosecutors can lose their right to seize associated assets. In many cases, federal prosecutors negotiate the forfeiture order as part of plea bargaining.

Your New York Asset Forfeiture Defense and Recovery Lawyer

If your bank accounts are suddenly frozen, your vehicle seized, or you’re facing federal criminal charges in New York, you need a dedicated asset forfeiture defense attorney, Peter Katz. Discuss your options for defeating a forfeiture or negotiating a fair settlement with him today by calling (609) 849-3179 or connecting with his NY office online.