What Happens to Property Seized During a Criminal Investigation in NY?

When New York law enforcement officers take your property during criminal investigations, the property is documented and secured until the court enters the final forfeiture or release order. Cash assets, such as bank accounts, can be frozen but remain on deposit with your financial institution, while physical assets, such as vehicles, are generally stored in secured government warehouses.

Seizing property isn’t the same as obtaining title to that property. Federal investigators must still obtain a court order to strip your ownership rights, which experienced New York asset forfeiture defense lawyer Peter Katz can challenge. Contact his NY criminal defense team immediately online or at (609) 849-3179 if your property is subject to judicial seizure.

Understanding NY Asset Forfeiture Procedures

The property seizure process generally involves multiple steps. Both criminal and civil seizures proceed as follows:

Warrant Based on Probable Cause

You have the right to be free from unreasonable and warrantless seizures. As such, law enforcement officers must generally obtain a warrant to seize your property based on probable cause. Probable cause in asset seizure cases means typically the property was allegedly:

• Unlawfully owned (stolen)
• Illegal (street drugs)
• Used to further criminal activities 
• Purchased with ill-gotten gains
• Money obtained from a criminal enterprise
• Fraudulently transferred to avoid seizure

This warrant allows officers to take the property, but it does not give them title to the seized assets.

Asset Forfeiture Complaints (Lawsuits)

The federal government has about 60 days from the seizure date to file a civil lawsuit to obtain title to the seized assets. You have approximately 30 days to respond to the lawsuit and challenge the seizure in federal court. This generally includes your right to a jury trial. The government bears the burden of proving that the underlying crime occurred and linking your property to the unlawful conduct.

Retaining an experienced asset forfeiture defense lawyer at this stage can result in a court order requiring the property’s return. Different procedures apply in criminal and administrative seizure cases, which an attorney can help you defend against.

Negotiation and Trial

In both civil and criminal asset forfeiture cases, an experienced asset forfeiture defense lawyer can fight to get your property back. This includes plea negotiations or litigation. The judge may enter an order requiring the government to unfreeze or return your property if your lawyer successfully challenges the seizure.

Locating Seized Property in New York

It isn’t easy to locate seized property in New York. It often requires the legal owner to identify the seizing agency – generally the FBI, DEA, ATF, or CBP – and review the agency’s public forfeiture notice for the appropriate federal district.

The bulletin will list the seized assets and the holding institution (such as a bank) or the general holding city and state. You will need an experienced asset forfeiture defense attorney to help you obtain additional details about the specific holding location, which can require a court order.

Call a Dedicated New York Asset Forfeiture Defense Lawyer

If you need help locating and returning seized property in New York, immediately contact experienced asset forfeiture defense attorney Peter Katz. Discuss NY federal criminal, civil, or administrative forfeiture proceedings with his legal team today by calling (609) 849-3179 or connecting with them online.