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Asset Forfeiture Lawyers
Based in Jacksonville, FL, our firm litigates Criminal and Civil Asset Forfeiture Cases nationwide
Asset Forfeiture laws authorize the federal government, and state governments, to seize property when the government believes the property is associated with certain crimes. It is vital for you to know that there are definite time deadlines, as well as specific written requirements, to properly assert a claim of ownership to seized property. If a claim is untimely or if it fails to meet statutory and regulatory guidelines, it can be dismissed. The government, likewise, must meet statutory requirements regarding time deadlines and evidence showing the forfeitability of the property or it can be ordered to return the property. Seeking legal assistance will ensure that your claim is submitted on-time and in the required format.
Contact Glober + Glober at (904) 606-8822 to schedule a consultation if your assets have been seized or are the subject of a forfeiture proceeding. We handle some Asset Forfeiture cases on a contingency fee basis.
We can help you navigate the complexities of federal and state Asset Forfeiture laws
Glober + Glober, is an experienced husband and wife legal team which can help you in seeking to have your seized assets and property restored. Before joining Glober + Glober, Bonnie Glober served as an Assistant United States Attorney for 26 plus years. She spent the most recent 18 years at the U S. Attorney’s Office prosecuting civil and criminal Asset Forfeiture cases and White-Collar criminal cases. As the sole Asset Forfeiture AUSA in the Jacksonville U.S. Attorney’s Office, she handled nearly every civil and criminal Asset Forfeiture case brought in the office. Bonnie also served for a time on the Committee at the Department of Justice in charge of revising the Department of Justice Asset Forfeiture Policy Manual and, additionally, conducted various Asset Forfeiture and Money Laundering training presentations at local federal agencies, such as the DEA, ATF, ICE and the FBI, as well as at state counterparts, such as the FDLE. Finally, Bonnie prosecuted federal crimes, primarily financial crimes involving wire fraud, mail fraud and Bank Secrecy Act Violations, such as structured financial transactions. Because of Bonnie’s experience in Asset Forfeiture cases and matters from the prosecution-side, Glober + Glober is particularly well-suited to help you defend against the seizure and forfeiture of your property. Experience working for the government is invaluable in defending people’s rights when the government harms them.
asset Forfeiture can affect a number of different categories of individuals and Businesses
Asset Forfeiture affects many different categories of individuals and businesses, including:
- an individual accused of a crime
- an innocent owner whose property may have been used in a crime
- an individual who purchases property without knowledge it was connected to a crime
- a business which holds a mortgage on property subject to forfeiture
- a victim of a financial crime who must file a Petition For Remission in order to seek compensation from the government for property it forfeited and liquidated.
Everyone seeking the recovery of property must understand the basis of the government’s seizure and forfeiture. For instance, when the government seizes property for civil forfeiture, the laws initially do not take into consideration the owners or users of the asset, only the asset itself. Thus, if someone else used your vehicle or rental property to commit crimes without your knowledge, you could lose those assets to the government. An example of this could include someone living with you who sells narcotics from your home or your car. Even though you were innocent of any involvement in this illegal activity, you could still be subject to asset forfeiture. However, if you are able to establish your ownership status as an “innocent owner,“ you would be able to recover your property.
Likewise, in criminal forfeiture, you could lose property you purchased from one accused of a crime. However, if you are able to show that you purchased the property for its true value and did not know about the criminal activity, you could recover the property as a bona fide purchase for value.
In order to protect your interests and assert a valid claim of interest in property the government seeks to forfeit, you must at a minimum know the type of the forfeiture proceeding- is it civil or criminal – and what category of claimant or petitioner you are. We can help you navigate the complex and time-sensitive forfeiture process.
Asset Forfeiture Can Affect A Number of Different Types of Property, including:
- Bank accounts
- Cash
- Cars, vans, and trucks
- Jewelry
- Real estate
- High-tech equipment
- Airplanes
- Boats
- Business assets
Seizure of any of this property can have a dramatically adverse impact on you, your family, or your business. It is important to know the scope of the government’s seizure authority in your particular situation and whether the government has established the legal and factual predicate for seizure or forfeiture of your property.
Handling Complex Forfeiture Cases
To recover your property, you will have to file a petition or claim with the government. Civil, criminal and administrative forfeiture cases can be complicated and time-consuming. They are subject to various rules, timelines, and court hearings, all of which are better handled by an attorney who is experienced in forfeiture matters. They take careful preparation and a strong presence in court.
Ready to discuss your case? Call us to speak with an attorney at (904) 606-8822 or complete the form today.
Asset Forfeiture FAQs
We Can Answer Your Questions
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What is Asset Forfeiture?
Asset Forfeiture is the seizure or confiscation of personal property, like cash, jewelry, and automobiles, and real property, like a house, land, or a building, by the state or federal government. The theory behind the confiscation is that the property is linked to certain criminal violations. Property owners should be aware that in order to protect their interests in property seized by the government, they must meet certain statutory deadlines and requirements for filing a claim of ownership in the property. The government also must meet certain deadlines to provide notice of the forfeiture or else risk being ordered to return the property. If an individual files a claim, the government then has an opportunity to dispute the claim in court; agree with it; or reach a settlement for a portion of the property.
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What is the difference between Civil and Criminal Asset Forfeiture?
Civil Asset Forfeiture is the seizing or confiscation of property by the government in a civil action, separate from criminal case. There may be a related criminal investigation or prosecution of an individual or individuals, but there does not have to be. It is important to be aware of the deadlines for filing a claim of ownership in a Civil Asset Forfeiture case.
Criminal Asset Forfeiture also involves the seizure or confiscation of property, but it is part of a criminal prosecution against someone. There must be a criminal conviction in order to finalize forfeiture of property in a criminal case. As in Civil Asset Forfeiture, owners of property must be aware of the deadlines to file a claim in Criminal Asset Forfeiture Proceedings.
It is important to submit a timely and correct claim in order to protect one’s interest in property subject to Civil and Criminal Asset Forfeiture. If a claim is not timely filed or if it does not contain the required information, it may denied by the courts.
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What is Administrative Forfeiture?Administrative Forfeiture occurs when a law enforcement agency, which is authorized to make such forfeitures, seizes property and commences an administrative forfeiture proceeding. Generally, an agent will seize property either with a seizure warrant or conduct a warrantless probable cause seizure. The agency provides notice to anyone known to have an interest in the property. It is important to submit a timely and correct claim in order to protect one’s interest in property subject to Administrative Forfeiture. If there are no claims, an agency will proceed to forfeit the property to the government.
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What is a Seizure Warrant?
A Seizure Warrant is an Order issued by a Judge authorizing a law enforcement officer, or other authorized government official, to take custody of property the government alleges is linked to criminal activity. Upon seizure of the property, the government can commence Civil, Criminal, or Administrative Forfeiture Proceedings; however, the government must provide notice of the commencement of proceedings within certain timeframes. One may then submit a claim of ownership.
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“I am grateful for the assistance provided by Bonnie and Jim at Glober + Glober when my currency was seized during a highway stop out-of-state. They analyzed the facts of my case thoroughly with me and with compassion. I felt confident that they offered sound advice about how to react to the seizure and formulated a plan for me that represented my best interests. They continued to check in with me even after the matter was concluded.” - Mike
Recoveries in Asset Forfeiture
During her time at the U.S. Attorney’s Office, Bonnie Glober recovered significant sums for individuals and companies who were victims of fraud and other crimes. Bonnie is now using her expertise and experience to assist individuals and businesses defend against Civil and Criminal Asset Forfeiture proceedings and to assist victims seeking compensation from assets the government has forfeited. Significant Asset Forfeiture recoveries made by Bonnie during her tenure at the United States Attorney’s Office included:
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$3.6 Million White-Collar Fraud - Employer Embezzlement
Case resolved through a Guilty Plea
Result: $3.6 million Ordered in Forfeiture in the form of two parcels of real property and a Forfeiture Money Judgment.
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$5 Million White-Collar Fraud - Employer Embezzlement
Case resolved through a Guilty Plea
Result: $5 million Ordered in Forfeiture in the form of 3 parcels of real property, cash, and a Forfeiture Money Judgement.
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$1.5 Million White-Collar Fraud - Fraudulent Investment Scheme
Case resolved through a Guilty Plea
Result: $1.45 million Ordered in Forfeiture in the form of a ranch, vehicles, and a Forfeiture Money Judgment.