Your Rights After Property is Seized in a Federal Case

When federal agents seize your property during an arrest or investigation, you retain important legal rights protecting you from permanent loss. Federal law establishes specific procedures the government must follow and provides multiple avenues for challenging improper seizures. Many property owners surrender valuable assets simply because they do not know how to challenge government overreach.

At Peter Katz, we protect the rights of individuals whose property has been wrongfully taken by federal agencies and pursue every available legal remedy to secure the return of seized assets.

Your Constitutional Protections

The Fourth Amendment protects against unreasonable searches and seizures, and federal statutes, including the Civil Asset Forfeiture Reform Act (CAFRA), provide additional safeguards for property seizures. These protections are central to every asset recovery case we handle, allowing us to challenge the government’s authority if your rights were violated.

The Right to Notice and a Hearing

Federal law mandates that the government give prompt notice before permanently seizing your property through forfeiture. You have the right to challenge the seizure at a hearing, where the government must justify its actions. Under 18 U.S.C. § 983 and other federal forfeiture statutes, authorities are required to initiate forfeiture proceedings within set time limits and provide proper notice to property owners.

Challenging the Basis for Seizure

The federal government cannot simply take your property without establishing a legitimate legal justification. We examine every aspect of the seizure to identify grounds for challenge:

• Lack of Probable Cause: The seizure violated Fourth Amendment protections against unreasonable searches and seizures.
• Procedural Violations: Federal agents failed to follow required procedures under CAFRA or other applicable federal laws.
• Disproportionate Seizure: The seizure violates the Eighth Amendment’s prohibition on excessive fines.
• Insufficient Nexus: The government cannot prove the required substantial connection between your property and federal criminal activity.

Innocent Owner Defenses

Federal law recognizes that property owners who were unaware of illegal activity should not lose their assets. Under 18 U.S.C. § 983(d), we assert innocent owner defenses on behalf of clients whose property others used without permission or knowledge:

• No Knowledge of Criminal Use: You had no reason to know someone used your property for illegal purposes related to federal offenses.
• Lack of Consent: You did not authorize the activity that allegedly connects your property to federal criminal conduct.
• Good Faith Acquisition: You purchased the property legitimately without awareness of any prior illegal connection.
• Reasonable Steps: You took all reasonable steps to prevent illegal use of your property once you learned of it.

Pursuing Administrative and Judicial Remedies

There are multiple pathways for recovering seized property depending on the circumstances of your federal case. Our federal forfeiture and seizure lawyers pursue the most effective strategy based on your specific situation:

• AUSA Release Requests: We negotiate directly with Assistant United States Attorneys to secure release authorizations for property held as evidence in federal criminal cases.
• Court Motions: Our attorneys file legal motions in federal court compelling judges to order the return of property when the government lacks justification for continued retention.
• Administrative Claims: We file verified claims with federal agencies contesting civil forfeiture actions and demanding the return of property.
• Forfeiture Litigation: We contest civil and criminal forfeiture actions in federal court through aggressive advocacy and thorough evidentiary challenges, holding the government to its burden of proof under CAFRA and other federal statutes.

Consult Our Experienced Asset Forfeiture Lawyer

Strict federal deadlines govern asset recovery cases, and waiting too long to act can permanently eliminate your options for reclaiming seized property. The federal government actively works to retain every asset it seizes, and you need skilled legal representation fighting for you with equal determination.

Contact us online or call 609-849-3179 to request a consultation with a New York asset forfeiture and seizure defense attorney who will aggressively protect your property rights.