![]() If the government’s action is barred by the five (5) year statute of limitations, we can help you file a motion to dismiss the forfeiture action. We can also represent an innocent owner who was not present when the money was seized. The attorneys at Sammis Law Firm can help you assert affirmative defenses, including a showing that the money was not the proceeds of illegal drug activity or bulk cash smuggling in Florida. In addition to filing the verified claim under Rule C(6), we can help you file the answer, motion to dismiss, motion to suppress, and demand for attorney fees and costs. ![]() If a complaint for forfeiture is filed, we can help you file a verified claim under Rule C(6), which is distinct and separate from filing an administrative claim. Attorney for Federal Civil Asset Forfeiture in Tampa, FLĪfter the government commences a civil forfeiture action, you should act quickly to retain an attorney to file a claim asserting your claim of ownership of the property. We can help you properly file a verified claim for court action with the seizing agency under 18 U.S.C. To fight the complaint for forfeiture, the claimant can file a motion to dismiss if the Assistant United States Attorney (AUSA) missed a deadline or failed to comply with the strict requirements of CAFRA.Īffirmative defenses include a showing that the money was not the proceeds of illegal drug activity, the claimant is an innocent owner, or the forfeiture constitutes an excessive fine under the Eighth Amendment. That interest can include an ownership interest, lawful possessory interest (if someone gave you the money to deliver to another person), or sufficient security interest. Who can file a claim to get the money back? At the pleading stage, the claimant will satisfy the burden of establishing constitutional standing by alleging a sufficient interest in the seized property. ATF- Bureau of Alcohol, Tobacco, Firearms and Explosives.The claimant is the party seeking to intervene to get the property back.įederal agencies with forfeiture authority in the United States include: The property or asset itself is named as the defendant. In civil asset forfeiture cases, the United States is the plaintiff who has seized the property. Other statutory provisions allow forfeiture when the property is connected to money laundering or fraud. ![]() § 881(a)(6), as proceeds traceable to drug trafficking activities or that the property was used or intended to be used to facilitate drug-trafficking in violation of 21 U.S.C. When cash is seized for civil asset forfeiture, the government might allege that the currency was forfeitable under 21 U.S.C. This article discusses civil asset forfeitures under Federal law. The federal law governing civil in rem forfeiture actions gives the government authority to seize property allegedly used in furtherance of criminal activity and to commence civil in rem proceedings against the property without charging the property’s owner with a crime. We also partner with attorneys fighting these kinds of cases throughout the United States. Our attorneys are experienced in fighting asset forfeiture cases throughout Florida. ![]() If federal or state law enforcement officers are attempting to use asset forfeiture laws to take your property, contact the attorneys at Sammis Law Firm in downtown Tampa.
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