Asset Forfeiture in New York, and How You Can Fight

Federal law enforcement agencies have broad authority to seize property they believe is connected to criminal activity, even before prosecutors file charges against you. Federal asset forfeiture allows the government to seize items through legal proceedings that place the burden on you to prove your innocence.

Without aggressive legal representation, you could lose everything permanently. At the Law Offices of Peter Katz, our New York asset forfeiture lawyer defends property owners against federal government seizure actions and fights to return wrongfully taken assets to their rightful owners.

What is Asset Forfeiture?

Asset forfeiture is the legal process by which the federal government permanently takes ownership of private property allegedly connected to criminal conduct. Federal law recognizes two distinct types of forfeiture proceedings, each with different rules and requirements:

• Criminal Forfeiture: The government seeks to seize property as part of a federal criminal conviction, requiring proof of guilt beyond a reasonable doubt under 21 U.S.C. § 853, 18 U.S.C. § 982, or other criminal forfeiture statutes.
• Civil Forfeiture: The government files a lawsuit against the property itself under 18 U.S.C. § 983 and other civil forfeiture statutes, allowing seizure without criminal charges and placing the burden on you to prove the assets have no connection to illegal activity.

Federal agencies, including the DEA, FBI, IRS, ATF, and Homeland Security Investigations, conduct forfeiture proceedings under various federal statutes depending on the alleged underlying offense.

How to Fight Federal Asset Forfeiture

Successfully contesting federal forfeiture demands swift action and a strategic, case-specific approach. We scrutinize the legality of the seizure, challenge the government’s evidence, and assert every viable defense to safeguard your property rights.

Get Legal Help Immediately

The moment you learn about a federal forfeiture action, you need an attorney working on your case. Peter Katz takes immediate steps to protect your interests:

• Case Evaluation: Analyze the circumstances of the seizure and identify weaknesses in the government’s position.
• Document Preservation: Secure all evidence supporting your ownership and the property’s legitimate origins.
• Strategic Planning: Develop a defense strategy tailored to the specific facts of your situation and applicable federal forfeiture laws.

Act Fast on Notices

Federal law imposes strict deadlines for responding to forfeiture actions, and missing these dates can result in the permanent forfeiture of your rights. Under 18 U.S.C. § 983(a)(2), you typically must file a verified claim within 35 days of receiving notice for non-real property (or 30 days for some property types). The Civil Asset Forfeiture Reform Act (CAFRA) provides specific procedural requirements that must be followed precisely. We monitor all deadlines and ensure timely filings that preserve your ability to contest the seizure in federal court.

Challenge the Government’s Proof

The federal government bears the burden of proving a substantial connection between your property and the alleged criminal conduct. We aggressively challenge that claim through targeted discovery, rigorous cross-examination of witnesses, and expert analysis, exposing cases built on flimsy circumstantial evidence that fail under close legal scrutiny. CAFRA requires the government to meet specific evidentiary standards, and we hold federal prosecutors accountable to those standards.

Assert Your Rights

Property owners possess constitutional protections against unreasonable seizures and violations of due process under the Fourth, Fifth, and Eighth Amendments. Our attorneys raise every applicable defense, including:

• Challenging unlawful searches and seizures
• Disputing the alleged criminal connection to federal offenses
• Asserting innocent-owner protections under 18 U.S.C. § 983(d)
• Challenging excessive fines under the Eighth Amendment
• Raising procedural defects in the government’s forfeiture proceedings

Our Asset Forfeiture Lawyer Fights for You

The federal government dedicates significant resources to forfeiture cases because seized assets fund law enforcement operations through the Department of Justice Asset Forfeiture Program and the Treasury Forfeiture Fund. You deserve equally dedicated advocacy protecting your rights.

Contact us online or call 609-849-3179 to request a consultation with a federal asset forfeiture defense attorney in New York who will begin building a defense to recover your property.