Difference Between Administrative, Civil, and Criminal Forfeiture in Fort Worth
Forfeiture Types: Administrative, Civil, & Criminal Asset forfeiture is a complex yet interesting legal topic. The Federal government as well as many state and local governments use asset forfeiture laws to supplement their budgets by seeking to forfeit illegally obtained assets. From the government’s perspective there is a three-fold benefit: first the government gets much needed […]
Risks of Traveling with Large Amounts of Cash | Criminal or Forfeiture
Innocently Carrying Large Amounts of Cash Can Result in Asset Forfeiture & Seizure Imagine you are driving to make a big purchase — maybe to buy a new car or make a down payment on a house — and you are stopped for a minor traffic infraction. You start to panic because you realize you have […]
Money Laundering in Fort Worth
18 U.S. Code § 1956, which addresses federal money laundering, provides for a general punishment range of a fine of not more than $500,000 or twice the value of the property involved in the transaction, whichever is greater, or imprisonment for not more than 20 years, or both. Are you facing charges for money laundering […]
Fraudulent Investment Scams and Restitution in Fort Worth
Almost all of us have heard the story of how Bernie Madoff swindled billions of dollars from investors who entrusted him with their money. They had high hopes that he would use his investment expertise to give them a healthy return on their investment. However, instead of doing as he promised, he used that money […]
Substitute Assets | Federal Criminal Defense Lawyer
Substitute Assets in Criminal Asset Forfeiture: Substitute Assets are is of the most powerful forfeiture theories in the Government’s ability to seek the forfeiture of property that isn’t connected to crime as a substitute for property that has been spent, transferred, or dissipated in some other way. Texas state forfeitures do not contain substitute asset […]
The Draconian Intersection of Substitute Assets and Joint and Several Liability
In 2017, the United States Supreme Court heard arguments pertaining to the forfeiture of substitute assets of a convicted drug conspirator in Honeycutt v. United States. Substitute Assets Joint Several Liability The substitute assets provision, codified under 21 USC 853(p), allows the Government to forfeit any asset of a convicted defendant when the property that […]
Timbs v. Indiana: SCOTUS Boot on the Throat of Policing for Profit?
The Supreme Court, in Timbs v. Indiana, recently handed down a unanimous decision that may be the death knell for “policing by profit,” limiting both police and prosecutors across the country. The Court held that the Eighth Amendment protection against excessive fines, including forfeiture of property, applies to states. This holding will limit asset forfeiture […]
Airport Seizures and Asset Forfeitures in Fort Worth
Government searches are common at airports, even in America. In fact, Customs and Border Protection (CBP) agents are at most major airports ready to search and seize private property. This may not seem surprising given the heightened security efforts since 9/11. Also, not surprising is the fact that along with terrorism-related concerns, CBP also tries […]
Innocent Owner Defense in Fort Worth Asset Forfeiture Cases
“Can I borrow the car grandma? I just want to go visit some friends.” “Sure thing honey,” you answer, as your grandson hurries out the door. “Just be sure to bring it back before 5 p.m.” What you don’t know is that your car is about to be used to commit a felony. Your grandson […]
Property Seizure | Property Seizure Laws in Texas
Property Seizure What is seizure of property? The seizure of property in the context of asset forfeitures is the taking of private property by the government. Property Seizure with a Warrant A property seizure may occur when property subject to forfeiture is seized via a seizure warrant. In the federal system, seizure warrants are authorized for most […]
