Three kinds of forfeiture
Criminal forfeiture is part of a criminal case and generally follows a conviction. Civil forfeiture is a separate lawsuit against the property itself, and it can proceed even when nobody is charged with a crime. Federal agencies also use an administrative process, in which property can be forfeited by default if no timely claim is filed. New York has its own state forfeiture procedures, and prosecutors and police departments may use them alongside or instead of the federal system. Identifying which kind of case you are in is the first step in any asset forfeiture defense.
Deadlines and claims
Notices of seizure usually set a period for filing a claim or a petition, and missing it can mean losing the property without any hearing. A claim often has to be made under penalty of perjury and must describe your interest in the property, so what you say in it should be reviewed with counsel. Some people are offered a chance to sign away the property in exchange for not being charged; that kind of offer deserves careful advice before you agree to anything. Do not move, spend, or hide other assets connected to the investigation, because that can create new problems. Keep the seizure notice, envelopes showing when it arrived, and any receipts from the officers.
Ownership, tracing, and proportion
Many defenses turn on showing where money came from or who really owns the property. Bank records, pay stubs, tax returns, business books, and loan documents are often the most useful evidence. An owner who did not know about the alleged wrongdoing may have an innocent-owner defense, and a forfeiture that is grossly out of proportion to the offense can sometimes be challenged as an excessive fine. When you bring us a forfeiture notice, we confirm the agency, the type of proceeding, and the deadline, and then look at how your records support your claim. We also consider how the forfeiture case interacts with any criminal investigation.
