Civil judicial forfeiture is an action brought directly against property. While no criminal charge is listed against the individual, the property is listed as the defendant.
In matters of civil forfeiture, a federal judge determines who may keep the property. To win your asset forfeiture case, the government must prove that the property was involved in unlawful activity or was bought with the proceeds of that unlawful activity. The government does not need to prove guilt, like in a criminal case.
There are many different types of property that may be affected:
- Parcels of real estate
- Boats
- Planes
- Stores/office buildings/factories
- Inventory
- Computers
- Other personal property
Civil forfeiture is often used by drug-enforcement officials. More and more, it is used in association with alleged sophisticated financial crimes including tax evasion or structuring monetary transactions to avoid the currency transactions reporting requirement (structuring). To be accused, the government only has to suspect that the property is used in connection with these activities. It is then up to the owner to prove that the property was not used illegally or bought with illegal funds.
When we take a civil forfeiture case, the lawyers at Brown, PC, conduct a thorough investigation of all the relevant facts and laws. Often, we discover that the property owner had no idea that the property was being used in association with criminal activity. Owners are shocked, appalled and overwhelmed when their property is seized.
Schedule an Initial Consultation With an Attorney
You can contact Lawrence Brown to discuss matters of civil asset forfeiture. Call 888-870-0025 or e-mail the law firm to reach Brown, PC. While we are located in the Dallas-Fort Worth area of Texas, our clients are from all over the United States, North America and the world.
