What to Do Immediately After an Asset Seizure in New York?

Asset seizure –whether as contraband, evidence, or the fruits of ill-gotten gains– often accompanies criminal investigations and charges. Although the Fourth Amendment protects you from unreasonable searches and seizures, it does not prohibit law enforcement from lawfully taking your assets under New York state and federal asset forfeiture laws.

If the FBI, DEA, or state investigators came to your property and seized your property, immediately contact experienced defense attorney Peter Katz. You must generally challenge these seizures within 30 days of receiving the seizure notice or risk forfeiting the seized assets. Confidentially call (609) 849-3179 or connect with his NY asset defense team today.

Overview of NY Asset Forfeiture Laws

Under Article 13-A of New York’s civil practice laws and various federal forfeiture statutes, law enforcement officials are permitted to seize the assets of both criminal and non-criminal defendants if they’re the direct proceeds of a crime, property purchased with criminal proceeds, or property –including land and buildings– used in furtherance of the crime. This often includes the following:

• Homes
• Land
• Vehicles
• Cash
• Jewelry, gold, and silver
• Stocks and bonds
• Bank accounts
• Cryptocurrency
• Furniture
• Firearms
• Criminal contraband (unlawfully possessed items)

Even if the property is in another person’s name, federal law permits criminal forfeitures, civil judicial forfeitures, and even administrative forfeitures.

Challenging Asset Forfeiture Lawsuits in New York

Both criminal and non-criminal defendants have the right to challenge any property seizure in court, including bringing their claims before a jury. Federal officials have about 60 days to file an action to take title to the property after a civil seizure, and defendants generally have 30 days to challenge the seizure. New York State also gives defendants a short window to litigate the taking, which is why you should immediately contact an attorney. If you don’t quickly challenge the seizure, the property can be used to fund future law enforcement activities and even the NYPD’s pension fund.

Defenses to Unlawful Asset Seizures

The claiming authority –not the defendant– has the burden of proving that the seized property was linked to criminal activity or its proceeds. An experienced criminal defense lawyer in New York can challenge these allegations in both civil and criminal court.

For property seized from non-defendants, such as a vehicle allegedly purchased for a partner with embezzled funds, the government must also prove that the non-defendant either accepted the item as a fraudulent transfer or knew or should have known that the property was purchased with criminal funds. Proving that you had no way of knowing the property was obtained using ill-gotten gains, is a valid defense to federal asset seizure in New York. This is called the innocent owner defense under 18 U.S.C. § 983.

Immediately Contact an Experienced NY Asset Forfeiture Defense Lawyer

When law enforcement seizes your assets, you’ve been implicated in criminal activity regardless of whether you’ve been charged with a crime. You need to act quickly to both recover unlawfully seized assets and protect yourself from further incrimination. Contact dedicated New York criminal and asset seizure defense attorney Peter Katz today online or at (609) 849-3179.