Contact Kuniansky & Associates Defense of a Federal Forfeiture Case Defense of a Texas State Forfeiture Case What to do if you are Contacted by Law Enforcement |
Asset forfeiture is a term used to describe the confiscation of assets by the Government which are either (a) the proceeds of crime or (b) the instrumentalities of crime. Instrumentalities of crime are property that was used to facilitate crime, for example cars used to transport illegal narcotics.
The traditional approach to serious criminality has been arrest, followed by the institution of criminal proceedings with a view to conviction and imprisonment. In recent years, because of the large amounts of wealth generated from economic crime and particularly from drug-related crime, a confiscation or forfeiture element has been added to the criminal process in many jurisdictions.
There are two types of forfeiture cases, criminal and civil. Almost all forfeiture cases practiced today are civil. In civil forfeiture cases, the US Government sues the item of property, not the person; the owner is effectively a third party claimant. Once the government establishes probable cause that the property is subject to forfeiture, the owner must prove on a "preponderance of the evidence" that it is not. The owner need not be judged guilty of any crime.
In contrast, criminal forfeiture is usually carried out in a sentence following a conviction and is a punitive act against the offender. Since the government can choose the type of case, a civil case is almost always chosen. The costs of such cases is high for the owner, usually totaling around $10,000 and can take up to three years. It should be noted however, that in 80% of asset forfeiture cases no one is ever charged with a crime.
Kuniansky & Associates
The Lyric Centre
440 Louisiana, Suite 200
Houston, Texas 77002
Office: 713-622-8333
Fax: 713-224-2815
ADDITIONAL LEGAL INFORMATION PORTALS FOR KUNIANSKY & ASSOCIATES:
Drug Trafficking Legal Defense
Immigration Fraud Legal Defense
Mail & Wire Fraud Legal Defense
Money Laundering Legal Defense