Steps to Recover Seized Assets After a New York Arrest

When federal law enforcement seizes your property during an arrest or investigation, you face a complex legal process to reclaim what belongs to you. The steps to recover seized assets after a federal arrest or investigation start with hiring a knowledgeable attorney. Without proper guidance, you risk permanently losing valuable property. At the Law Offices of Peter Katz, our New York asset forfeiture team represents individuals fighting to recover cash, vehicles, electronics, and other assets wrongfully held by federal agencies.

Locate and Safeguard Your Receipt

Federal agents must provide you with a receipt or inventory documenting every item they seize from you or your property. Keep this document in a secure location because you will need it throughout the recovery process. The receipt includes identifying information and case numbers required by federal agencies before releasing seized items to their rightful owners.

Determine the Reason for Seizure

Before pursuing recovery, you must identify why federal authorities took your property and which agency currently holds it. Different seizure categories require different legal approaches:

• Evidence in a Federal Criminal Case: Property held for prosecution purposes in federal court.
• Alleged Proceeds of Crime: Assets believed to be connected to federal offenses.
• Contraband: Items illegal to possess under federal law.
• Safety Hold: Weapons seized for public protection reasons.
• Civil Forfeiture: Property targeted for permanent government retention under federal forfeiture statutes.

Common federal agencies that seize property include the FBI, DEA, ATF, IRS Criminal Investigation, Homeland Security Investigations (HSI), and U.S. Customs and Border Protection.

Obtain a Release from Federal Prosecutors

Many seized assets require authorization from the Assistant United States Attorney handling your case before the seizing agency will return them. We contact the federal prosecutor to begin the release process by submitting a written request explaining why your property should be returned and providing proof of ownership. If the AUSA refuses, we can file a motion in federal court seeking a court order releasing your property, over the prosecutor’s objection.

File a Formal Claim

When the federal government seeks permanent forfeiture of your assets under 18 U.S.C. § 983 or other federal forfeiture statutes, you must respond within strict deadlines. Filing a formal claim preserves your right to contest the forfeiture:

• Administrative Claim: We draft and file a verified claim with the seizing agency within the required timeframe (typically 35 days from the date you receive notice, but sometimes as short as 30 days for certain property types).
• Judicial Contest: If the government files a civil or criminal forfeiture action in federal court, we prepare and file answers contesting the forfeiture claim and represent you throughout the litigation process.

Federal forfeiture proceedings are governed by different rules than state cases, including the Civil Asset Forfeiture Reform Act (CAFRA), which provides certain protections for property owners but requires strict compliance with procedural requirements.

Coordinate Property Release with Federal Agencies

After securing all required releases or successfully contesting forfeiture, we coordinate with the appropriate federal agency to arrange the return of your property. This may involve working with the FBI Evidence Control Unit, DEA Asset Forfeiture Section, or other agency-specific property custodians. We ensure that all necessary documentation, including your receipt, identification, proof of ownership, and release authorizations, is properly prepared to facilitate the return process.

Our New York Financial Crimes Lawyer is on Your Side

Time works against you in federal asset recovery cases, and every day of delay brings you closer to losing your property permanently. The federal government has attorneys working to protect your assets, and you need equally strong representation to fight on your behalf.

Contact us online or call 609-849-3179 to request a consultation with a federal asset forfeiture and seizure attorney in New York who will aggressively pursue the return of your property.