Business Structuring Strategies Don't Always Apply to Asset Forfeiture or Federal Restitution

How Business Structuring Strategies Do Not Always Apply to Asset Forfeiture or Federal Restitution Obligations

Part II: How the Assets of Business Entities and Business Owners are Often Seized Seizure and Forfeiture of Business Assets and Business Owner Assets Anyone who owns or manages a business understands that a myriad of considerations regarding taxation and liability go along with a company. Because of this the U.S. Government and each state  recognize many different types of …

Business Structuring Strategies Don't Always Apply to Asset Forfeiture or Federal Restitution

How Business Structuring Strategies Don’t Always Apply to Asset Forfeiture or Federal Restitution

Business structuring in asset forfeiture and restitution cases Part I: Not every legal sector treats legal designations the same.  One of the trickiest concepts for clients to grasp is that legal precepts are not always universally applicable to all areas of law. For example, in many states if a person receives a deferred disposition for a misdemeanor, such as possession …

Administrative, Civil, and Criminal Forfeiture

Forfeiture Law: the Distinction between Administrative, Civil, and Criminal Forfeiture

Distinctions between Administrative, Civil, and Criminal Forfeiture 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 funding; second it keeps …

Constitution Free Zone

A Little Known Fact: Most Americans Can Be Searched and Arrested without Probable Cause

Most Americans Can Be Searched and Arrested without Probable Cause It is common knowledge that the Fourth Amendment of the U.S. Constitution protects American citizens from unreasonable searches and seizures by the Government or its agents. However, few people know that certain federal officers are permitted to search travellers without establishing probable cause or obtaining search warrant, and they can …

airport seizures

Airport Seizures and Asset Forfeitures | Asset Forfeiture Defense

Airport Seizures and Asset Forfeitures Check your 4th Amendment Rights at the Ticket Counter 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 …