Asset forfeiture laws allow law enforcement agencies to seize property, including cash, homes, and other valuables, that they suspect is connected to criminal activity. The property can be seized even if the owner has not been convicted or charged with a crime. However, there are legal protections for innocent owners to fight the forfeiture and get their property back. Here is what you need to know about asset forfeiture and using the innocent owner defense.
What is Asset Forfeiture?
Asset forfeiture allows law enforcement to seize assets they believe are connected to criminal activity. The assets can be seized through criminal forfeiture or civil forfeiture.
In criminal forfeiture, assets are seized after the owner has been convicted of a crime. The forfeiture is part of the criminal sentence.
With civil forfeiture, law enforcement can seize assets without convicting or even charging the owner with a crime. Police only need to show there is probable cause that the assets are linked to criminal activity. The legal case is filed against the property itself, not the owner.
Common Examples of Asset Forfeiture
Some common examples of civil asset forfeiture include:
- Cash seizures during traffic stops or airport security screenings. Large amounts of cash may be presumed “guilty” of being connected to criminal activity.
- Seizure of cars, homes, or bank accounts believed to have been purchased with money from criminal activities or used to facilitate crimes.
- Seizure of property from a drug raid even if the owner is not charged or the raid turns up nothing illegal.
The Innocent Owner Defense
The innocent owner defense allows owners to fight the forfeiture and prove their property should not have been seized. The legal burden is on the owner to prove:
- They did not know about any criminal activity involving the property.
- They did not consent to the property being used criminally.
To successfully claim innocent ownership, you must show you did everything reasonably possible to prevent the illegal use of your property. Exactly what constitutes “reasonable” steps will depend on your specific circumstances.
How to Assert the Innocent Owner Defense
If your property is seized, here are some steps to take to build your innocent owner claim:
- Document your lack of knowledge of any illegal activity. Be prepared to explain how the activity occurred without your consent or awareness.
- Gather evidence that you took reasonable steps to prevent misuse of your property. This may include lease agreements prohibiting illegal acts, refusing suspicious requests to use the property, conducting background checks on employees or tenants, etc.
- Prove legitimate income and funds were used to obtain the property. Financial records can help show you purchased the assets through legal means.
- Consult an attorney from Glober + Glober experienced in forfeiture defense. A legal expert can help assemble the necessary documentation and advocate for the return of your property.
Special Considerations for Different Property Types
The success of the innocent owner defense will depend in part on the type of property seized:
- Vehicles – If law enforcement finds illegal substances or other evidence of crime in your car, it will be very difficult to claim innocent ownership. You will need strong proof that the car was stolen or used without your knowledge.
- Cash – Carrying large amounts of cash is considered inherently suspicious. You will need thorough documentation of the cash’s origins and intended legal use.
- Homes/Real Estate – You will need to demonstrate reasonable steps taken as a property owner to prevent criminal activity on the premises, such as through lease terms, background checks, and properly responding to any prior incidents.
- Bank accounts – Detailed financial records can help trace deposits to legitimate sources and show the account holder was unaware of any illegal transactions.
The Bottom Line
The innocent owner defense provides an avenue for those whose property is seized through forfeiture to get it back. But you face an uphill legal battle once assets are seized. Preventing the loss in the first place through careful control and monitoring of your high-value property is the best approach. Consult one of our experienced attorneys at the first sign of potential forfeiture to protect your rights. Promptly asserting your innocence provides the best chance of getting your property returned.
If your assets have been seized by the police, get in touch with us today. You can visit our office at the address below:
422 Jacksonville Dr. Suite B, Jacksonville Beach, FL 32250.
Call us today for a free consultation on (904) 587-4446.
