Asset Forfeiture

What is asset forfeiture?

Asset forfeiture is the seizure and permanent taking of property the government believes is connected to criminal activity—either as the proceeds of a crime or as property used to facilitate one. Federal agencies use forfeiture to punish and deter criminal conduct and, in some cases, to recover funds for crime victims.

Warning: If you have received a Notice of Seizure of Personal Property or Right to Adversarial Preliminary Hearing, you must act quickly. You typically have 15 days to request a preliminary hearing or 30 days to file a verified claim to preserve your rights. Missing these deadlines may forfeit your chance to challenge the seizure.Asset forfeiture is the seizure and permanent taking of assets believed to be the proceeds of, or were used to facilitate, federal crimes. The United States Government seizes and forfeits assets in an effort to punish and deter criminals and to recover assets that may be used to compensate victims of crimes.

What Counts as an Asset?

A seized asset can include nearly any form of property, such as:

  • Cash and bank accounts

  • Real estate (homes, ranches, commercial property)

  • Vehicles, vessels, and aircraft

  • Jewelry, watches, art, and antiques

  • Firearms and other personal property

  • Livestock and agricultural assets

  • Cryptocurrency and digital assets 

How Do Seizures and Forfeitures Occur?

Seizure: Property can be seized during an arrest, through a search warrant, pursuant to a civil or criminal warrant, or by court order.

Forfeiture: Forfeiture is the legal process where ownership of seized property is transferred to the government. The government must prove the property is connected to criminal activity. Your private property is not automatically forfeited without due process.

Types of Asset Forfeiture

1. Customs and Airport Seizures

  • Currency reporting: U.S. Customs may seize cash if you fail to disclose carrying more than $10,000—even if the money is not tied to a crime.

  • Other agencies: DEA, TSA, and HSI may seize money during luggage inspections or based on travel history.

2. Administrative Forfeiture (typically seizures under $500,000.00)

Administrative forfeiture allows the government to forfeit property without a court proceeding, but strict time limits and notice requirements apply.

Property commonly subject to administrative forfeiture includes:

  • Cash, currency, checks, money orders, traveler’s checks

  • Cryptocurrency valued at $500,000 or less (valued on the date of seizure)

  • Personal property (vehicles, planes, jewelry, art, antiques) worth $500,000 or less

  • Vehicles, vessels, or aircraft used in drug trafficking

  • Prohibited merchandise under federal law

Administrative forfeiture does not apply to real estate, personal property over $500,000, or large bank accounts exceeding $500,000.

3. Civil Judicial Forfeiture

Civil judicial forfeiture actions are against the property itself, not the person. The government does not need a criminal conviction, but it must prove in court that the property is linked to criminal conduct.

This process may be used when:

  • Property is worth more than $500,000 or involves multiple high-value items

  • Administrative forfeiture deadlines could be viewed as circumvented

  • The property is held abroad, belongs to fugitives, or no defendant can be identified

  • Prosecutors request judicial forfeiture instead of administrative action

4. Criminal Forfeiture

Criminal forfeiture is pursued against a person as part of a criminal prosecution. It requires a conviction, and forfeiture becomes part of sentencing. The government seeks to seize assets it alleges are connected to the charged offense.

How We Defend Against Forfeiture

The Cast Law Firm defends clients facing seizures and forfeiture actions in federal courts nationwide. We handle:

  • Rule 41 motions for the return of property

  • Supplemental Rule G proceedings

  • Administrative forfeiture challenges

  • Judicial forfeiture defense

  • Customs and airport seizures

  • Civil and criminal seizure warrants

  • Cryptocurrency recovery actions

  • Criminal cases involving asset forfeiture

Our team understands how the government builds forfeiture cases. We fight to protect your rights, recover your property, and hold agencies accountable to the strict deadlines and proof requirements the law demands.

Contact Us

If your assets have been seized or you’ve received a forfeiture notice, time is critical. Contact us immediately to discuss your options.

Contact Us For A Legal Assessment