Fighting Asset Forfeiture in Federal Criminal Cases

Asset forfeiture strikes a chord as one of the most debated, often misunderstood, and potentially consequential aspects for individuals entangled in federal criminal cases.

Asset forfeiture is a legal mechanism that allows law enforcement agencies to seize assets they believe are connected to criminal activity. This tool, wielded by both federal and state authorities, is rationalized as a way of disrupting the financial structures of criminal organizations.

But here’s the catch: It’s not as straightforward as it sounds.

Civil vs. Criminal Asset Forfeiture

Criminal Asset Forfeiture

Criminal asset forfeiture occurs as a result of a prosecution in a criminal case. The government must prove beyond a reasonable doubt that the defendant is guilty. If the defendant is found guilty, then certain assets will be permanently taken.

Civil Asset Forfeiture

Civil asset forfeiture is far more controversial. The government isn’t required to prove the property owner’s criminal involvement—just that the property itself is tied to a crime.

This strand has received its fair share of criticism as it’s an avenue for potential abuse by law enforcement. In some legal jurisdictions, police will do just that: abuse their civil asset forfeiture powers.

It’s not uncommon to hear horror stories about small-town cops or sheriff’s deputies confiscating large amounts of cash during traffic stops. Then, some courts will force the citizen to prove it wasn’t the proceeds in crime. Since this is a civil case, the Texas Code of Criminal Procedure and US Code won’t be able to provide protection.

However, the Fourth Amendment to the Constitution of the United States protects you from unlawful searches & seizures.

If this has happened to you, we would like to hear about it.

Texas Law & Asset Forfeiture

In Texas, state-level asset forfeiture in criminal cases is governed by the Texas Code of Criminal Procedure, Chapter 59. While its provisions broadly mirror those of the federal system, there are details specific to Texas. If your case straddles both state and federal jurisdictions, it might be a good idea to expand your awareness to both legal jurisdictions.

Legal Defenses against Asset Forfeiture

While the deck might seem stacked against you, there are a few defenses we can use to fight asset forfeiture.

• Innocent Owner Defense: Asserting that the owner wasn’t aware of the alleged illicit use of their property.
• Excessive Fines Defense: Based on the Eighth Amendment, arguing that the forfeiture is disproportionate to the alleged crime.
• Statutory Defenses: Depending on the specifics of your case and the pertinent jurisdictions, various statutory defenses might be at your disposal.

Tad Nelson & Associates

Federal Criminal Law Attorneys

If you’re fighting federal criminal charges and you’re concerned about asset forfeiture, the value of seasoned legal representation cannot be overstated. With Tad Nelson’s Board Certification in Criminal Law by the Texas Board of Legal Specialization and Amber Spurlock’s stellar track record as a former assistant JAG officer in the US Air Force, Tad Nelson & Associates is poised to offer unparalleled legal representation for people facing off against the Department of Justice.

Our law firm’s impeccable reputation, underscored by a deluge of 5-star reviews and a pristine record with the Texas Bar, is a testament to our commitment to being effective for our clients.

If you need help, contact us. You can reach our legal team today by calling us at 281-280-0100.