If you or a loved one has had property seized by federal law enforcement, you may be wondering how to get the seized property back. You may also be asking if it’s even possible. The process can appear daunting and overwhelming. Finally, what you really want to know is who is the right person to contact to help facilitate the property return process? At the Law Offices of David Silldorf, we have helped countless clients successfully fight their asset forfeiture proceedings and recover their seized property. We understand it can be very stressful and disruptive when your personal property (for example: your car, cellphone, ID, money, etc.) is seized by the government. We are here to help.
Our attorneys work one-on-one with our clients to streamline the property return process by gathering information, contacting law enforcement agencies, negotiating storage/processing fees, and filing the appropriate paperwork to ensure our client’s preserve their rights to get their property back. The property return process can be very confusing so we try to make sure our clients understand how the process works and answer any questions that our clients may have about their property return. Every law enforcement agency has their own process to fight asset forfeiture and request the return of seized property. We work directly with the agencies (and their attorneys) to facilitate the property return and to make sure our client’s property is returned timely and safely from federal authorities.
Federal Asset Forfeiture Process
If your property has been seized by a federal law enforcement agency, then it is important to learn about the federal asset forfeiture process and understand how to preserve one’s right to get their property back.
When somebody is arrested or detained on federal charges, law enforcement agents typically seize any property that they deem to be connected with the alleged crime and send it to the government as “evidence.” This property will be placed under an “evidence hold” until the federal government agrees that they no longer need it and approves its release or move to have the property forfeited and either auctioned or destroyed. Certain illegal property (such as proceeds from a crime, drugs, guns, etc.), will most likely be unrecoverable, forfeited, and destroyed by the government at the end of the case. Other seized property, however (such as a vehicle, cellphones, ID’s, etc.), may be recoverable if an individual successfully preserves their right against asset forfeiture.
The federal government may seize and destroy property that they believe is connected to a crime through a process called criminal asset forfeiture. This requires the prosecution to bring a criminal forfeiture action against a defendant’s property in federal court. If the defendant is convicted, a judge may order them to forfeit any real property or property that was involved in the offense to the federal government at the time of sentencing and it will likely be destroyed at a later date. There is no limit to the amount of property that the federal government can seize through criminal forfeiture.
The federal government can also take possession of and pursue legal action against individual property through a process called administrative asset forfeiture. In the event of administrative forfeiture, property may be seized and destroyed regardless if the person it belongs to was charged with a crime. This means that one’s property can still be forfeited by the government, even if they were arrested or detained, but never formally charged with any crime. This frequently occurs when an individual has been detained on suspicion of alien smuggling, but they were released and never formally charged in federal court. Even if no charges are filed and they are let go, the car they were driving is often still seized, impounded, and will be subject to administrative forfeiture. The process to get such seized property back can be long, confusing, and expensive due to towing fees, daily storage fees, and administrative fines.
Fighting Federal Administrative Asset Forfeiture
In federal administrative forfeiture proceedings, no judicial or court involvement is necessary to authorize the government to seize and forfeit one’s property. But just because one’s property is subject to administrative forfeiture doesn’t mean it’s impossible to get property stuff back. The seizing agency that has the property should send out a letter and petition (“CAFRA” form) to the identifiable owner regarding the seized property and forfeiture proceedings. This letter lists the strict noticing requirements and time limits to properly respond and file a claim to contest the forfeiture.
The letter will identify the seized property, include several forms to mail back to the seizing agency within the prescribed time limit, and advise the owner of their different options to contest forfeiture, such as:
- Petition.
File a petition within 30 days from the date on the letter seeking the remission or mitigation of the forfeiture (in other words seeking the return of some or all of the identified property). The petition must describe the property involved, identify the date and place of seizure, include all the facts or circumstances which the respondent believes warrants the return of their property, and include proof of the respondent’s true interest or claim in the property.
The seizing agency will review the petition administratively and decide to accept or deny the respondent’s request in full or part. If the respondent is dissatisfied with the agency’s decision, they will have an additional 60 days from the date of the initial petition decision to file a claim to the seized property requesting a referral to the U.S. Attorney’s Office for judicial action. If the respondent does not act within the allotted time frame, however, the seizing agency may forfeit the property as authorized by law. - Offer in Compromise.
File an offer in compromise within 30 days from the date on the letter specifically stating that the offer is being made under provision 19 U.S.C. § 1617. If offering money to settle the case, the respondent must include payment (bank draft, cashier’s check or certified check, draw on a U.S. financial institution, and made payable to the seizing agency) in the amount of the offer in compromise. Any money submitted will be returned to the respondent if their offer is rejected.
The seizing agency will review the offer in compromise and decide to accept or deny the offer in full or part. If the owner is dissatisfied with the agency’s decision, they will have an additional 30 days from the date of that decision to file a claim to the seized property requesting a referral to the U.S. Attorney’s Office for judicial action. If the owner does not act within the allotted time frame, however, the seizing agency may forfeit the property as authorized by law. At any point prior to the seizing agency’s decision on the offer in compromise, the respondent may also request that the matter is referred to the U.S. Attorney’s Office for judicial action. If such action is taken, however, the seizing agency will consider the original offer in compromise as withdrawn. If the seizing agency has already referred the matter to the U.S. Attorney’s Office for judicial action and subsequently receives an offer in comprise from the respondent, then the seizing agency will forward that offer to the U.S. Attorney’s Office for consideration as appropriate. - Abandon.
The respondent has the option to abandon the property or state that they have no claim or interest in it. In the case that the seized property is “abandoned” by the respondent, the government may move forward with forfeiture proceedings or address claims from other parties concerning the property without further involving the respondent. - Judicial Action.
Request that the seizing agency refer the matter to the U.S. Attorney’s Office for the commencement of a judicial forfeiture proceeding against the property in federal court pursuant to 18 U.S.C. § 983(a)(3). If this option is selected, the respondent must fully complete a “Seized Asset Claim” form or otherwise submit a complete judicial claim as requested by 18 U.S.C. § 983(a)(2)(C). Once the judicial claim is received by the seizing agency it will be directed to the U.S. Attorney’s Office who will contact the respondent about the petition. - Take No Action.
The seizing agency may seek to forfeit the property at issue if the respondent chooses to ignore the asset forfeiture notice letter and take no action. For property value $5,000 or more, the seizing agency will post a public notice of seizure and intent to forfeit the property on the internet (www.forfeiture.gov) for 30 consecutive days. For property valued at $5,000 or less, the seizing agency will post a notice of seizure and intent to forfeit in a conspicuous place accessible to the public at the customhouse or Border Patrol sector office (where appropriate) nearest to the place of seizure as well as on the internet (www.forfeiture.gov) for 30 consecutive days. - Lienholder or Security Interest in Seized Property.
If the respondent is a holder of a lien or security interest on the property, they still have the right to choose from any of the above options. If this is the case, and the respondent is seeking administrative relief through the filing of a petition or offer, they should also consider submitting (1) an agreement to hold the United States, its officers, and employees harmless; and (2) a release from the registered owner and/or from whom the property was seized.
Experienced Federal Asset Forfeiture Attorneys
At the Law Offices of David Silldorf, we work directly with the asset forfeiture representatives at the U.S. Attorney’s Office, border patrol, and other federal authorities to fight forfeiture allegations and to help our clients successfully navigate the administrative forfeiture process. We understand how important our clients’ property is to them and how stressful this process can be. Our goal at the Law Offices of David Silldorf is to clarify any confusion about the process, reduce costs, and get our client’s property back to them as quickly as possible. We have helped countless clients get their seized property back. Call us today to see if we can help you!
