Asset Forfeiture Defense | Civil and Criminal Asset Forfeiture Defense

asset forfeiture

What is asset forfeiture? Asset forfeiture is a tool that prosecutors and law enforcement officials use to take and keep private property based on an assertion that such property is linked to criminal activity. Seizures is the taking of private property. Forfeiture is the legal process whereby that government divests ownership of such property outright. Asset … Read moreAsset Forfeiture Defense | Civil and Criminal Asset Forfeiture Defense

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

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

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  … Read moreBusiness Structuring Strategies Don’t Always Apply to Asset Forfeiture or Federal Restitution

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

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 … Read moreBusiness Structuring Strategies Doesn’t Always Apply to Asset Forfeiture or Federal Restitution

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

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 … Read moreForfeiture Law: the Distinction between Administrative, Civil, and Criminal Forfeiture

Risks of Traveling with Large Amounts of Cash | Criminal or Forfeiture

carrying large amounts of cash can result in asset forfeiture

Innocently Carrying Large Amounts of Cash Can Result in Asset Forfeiture and 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 a … Read moreRisks of Traveling with Large Amounts of Cash | Criminal or Forfeiture

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

Constitution Free Zone

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 … Read moreA Little Known Fact: Most Americans Can Be Searched and Arrested without Probable Cause

Fraudulent Investment Scams and Restitution

Fraudulent Investment Scams and Restitution

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 … Read moreFraudulent Investment Scams and Restitution

Innocent Owner Defense | Nationwide Asset Forfeiture Defense

innocent owner defense

Innocent Owner Defense in 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 … Read moreInnocent Owner Defense | Nationwide Asset Forfeiture Defense