Asset forfeiture laws allow law enforcement agencies to seize property suspected of being connected to criminal activity. While the original intention was to disrupt major criminal enterprises like drug trafficking and money laundering, forfeiture practices have expanded over the years and led to controversy. Assets commonly targeted in civil and criminal forfeiture cases today include vehicles, cash, and cryptocurrencies. Understanding how these laws work and the assets at risk can help people protect themselves.
Vehicles – A Favorite Target
Vehicles are one of the most common assets seized in forfeiture cases. In Florida, law enforcement can confiscate your car if they suspect it was used to transport illegal drugs or facilitate any type of criminal offense. Even if you’re never charged or convicted of a crime, your vehicle could still be taken through civil forfeiture proceedings.
A car doesn’t have to contain drugs or other contraband to be seized. The legal standard is lower for civil forfeiture, only requiring a “preponderance of evidence” to connect your vehicle to criminal activity. This makes it easier for police to take cars based on circumstantial evidence. Your car could be targeted if officers simply smell marijuana, find traces of drugs, or observe suspicious behavior.
Once a vehicle is seized, the path to getting it back can be long and difficult. Police have the power to take vehicles directly through administrative proceedings. You typically have just 10 days to respond with a written demand for your car’s return. If you do not respond in time, the vehicle is automatically forfeited. Hiring legal counsel right away is essential to properly submit a claim and fight the seizure.
Even if you submit a timely claim, the government may take months to make a final decision while you lose access to an essential vehicle. Negotiating a settlement to get the car back faster is often the best option, but still involves paying the authorities. The whole experience can be draining emotionally and financially.
Cash Seizures Are Also Widespread
Carrying large amounts of cash has become increasingly risky due to broad asset forfeiture laws. Law enforcement throughout Florida regularly seizes money during traffic stops under suspicion that the cash is tied to illegal drug sales, tax evasion, or other crimes. Like vehicles, cash can be taken through civil proceedings without filing criminal charges.
Authorities may try to seize sums as little as a few hundred dollars. According to a 2010 study by the Institute for Justice, the average currency seizure in Florida was around $1,000. Victims must prove the cash came from legitimate sources to get it back, which can be difficult.
Cryptocurrency – An Evolving Target
The rise of cryptocurrencies like Bitcoin has added a new asset class subject to forfeiture laws. Cryptocurrency wallets can be seized if funds are believed to derive from criminal transactions or money laundering. With cryptocurrency values volatile, account freezes can be highly disruptive even if charges are never filed.
In Florida, cryptocurrency seizures occur under the state’s Money Laundering Act. Investigators will look for evidence that crypto accounts were used to hide funds or funnel money into criminal enterprises. Cryptocurrency exchanges are also targets – federal agents may serve warrants to identify and freeze accounts engaged in suspicious transactions.
Those dealing in cryptocurrency should utilize privacy measures like coin mixing to better withstand scrutiny of transactions. Keeping accurate records showing the source of crypto funds is also important to challenge forfeitures.
How Forfeiture Laws Have Expanded
Asset forfeiture was originally focused on dismantling large criminal networks by seizing tools of the trade like vehicles, cash, and weapons. However, forfeiture practices have steadily expanded over the decades to become a revenue source for law enforcement and fund priorities like new equipment. This has led to widespread abuse and taking property from innocent civilians never charged or convicted.
A major turning point was the Comprehensive Crime Control Act in 1984, which allowed local and state police to share forfeiture proceeds with federal agencies. This provided a financial incentive for aggressive seizures by local police. Equitable sharing payments from joint task forces with federal agencies can provide up to 80% of proceeds back to the local department. Asset seizures quickly became a budgetary staple for many police forces.
Another concerning development was the rise of civil asset forfeiture in the 1980s. This enabled law enforcement to take property via civil proceedings by linking it to criminal activity with minimal evidence. The legal standard is mere “preponderance of evidence” rather than the higher “beyond reasonable doubt” required in criminal convictions. It shifts the burden onto property owners to prove innocence and get their belongings back.
Making matters worse, civil forfeitures create limited protections for property owners compared to criminal proceedings. There is no right to an attorney if you cannot afford one. The power and resources are clearly tilted in the government’s favor, making it very difficult for average people to fight back.
Protecting Your Assets
Asset forfeiture laws put cars, cash, and cryptocurrency at risk. Fortunately, there are steps you can take to better protect valuable property:
- Avoid carrying large cash amounts in your vehicle. Only keep minimal cash for travel needs.
- If you must travel with significant cash, make sure you have thorough documentation showing the legal source.
- Do not transport illegal drugs or contraband in your vehicle under any circumstances. Even trace amounts can lead to seizure.
- If you deal in cryptocurrency, utilize mixing services and privacy coins to anonymize transactions.
- Maintain detailed records about your cryptocurrency acquisition and transactions.
- Consult an attorney whenever law enforcement seizes your property or money. An experienced lawyer can often successfully challenge forfeitures.
- Ask for a lawyer immediately if you are ever questioned about cash, vehicle contents, or cryptocurrency accounts.
- Consider incorporating your vehicle or registering it in another legal owner’s name to make seizures more difficult.
Asset forfeiture laws remain a powerful tool for law enforcement in Florida. Cars, cash, and cryptocurrency are commonly targeted assets. While legislative reforms have helped strengthen due process rights, there is still potential for abuse. Understanding the risks allows individuals to take proactive steps to minimize the chances of losing valuable property. Those facing asset seizures should act quickly to engage legal counsel, as this provides the best opportunity to protect one’s rights and fight back effectively against forfeitures.
Our experienced legal team provides free consultations to evaluate forfeiture cases and help clients protect their property. Contact us today to schedule a consultation.
Visit our office at 422 Jacksonville Dr. Suite B, Jacksonville Beach, FL 32250.
Or call us today for a free consultation on (904) 587-4446.
