Asset Forfeiture Lawyer

Michael Padula is a seasoned trial attorney who defends companies and individuals in matters involving white-collar crime, government investigations, and civil litigation. Before entering private practice, Mr. Padula was a trial attorney in the Money Laundering and Bank Integrity Unit of the Asset Forfeiture and Money Laundering Section of the Criminal Division of the U.S. Department of Justice in Washington, where he prosecuted white-collar domestic and international criminal cases and conducted investigations against financial institutions and their officers, managers, and employees for violations of the Bank Secrecy Act.

Time is of the essence when facing asset forfeiture. If you have been presented with a notice that authorities are planning to seize your assets, contact our asset forfeiture attorney immediately. Padula Law is fully prepared to vigorously defend your assets, your rights, and most importantly, you.

What is Asset Forfeiture?

Asset forfeiture is a very serious process of confiscating assets by the state. The motivation for seizing assets is to disrupt criminal activity. Forfeiture is allowed in cases of organized crime, racketeering, child pornography, copyright infringement, drug trafficking, and money laundering.

What Are the Different Types of Asset Forfeiture?

Asset forfeiture is a powerful tool used by law enforcement to seize property believed to be connected to criminal activity. Understanding the distinctions between the main types, civil, criminal, and administrative forfeiture, is crucial for anyone facing this situation, as each process has unique implications for your rights and the burden of proof required.

• Civil forfeiture is an in rem proceeding, meaning the action is against the property itself rather than the owner. This type often occurs without any criminal charges being filed against the individual, and the government only needs to prove by a preponderance of the evidence that the asset was involved in illegal activity. It’s controversial because it can lead to seizures even if the owner is innocent, placing the onus on you to reclaim your property.
• In contrast, criminal forfeiture is tied directly to a criminal conviction. It requires the government to prove beyond a reasonable doubt that the property was used in or derived from a crime, and it’s part of the sentencing phase after a guilty verdict or plea. This process offers more protections since it’s embedded in the criminal justice system.
• Administrative forfeiture, often handled by agencies like the DEA or FBI, is a streamlined non-judicial process for uncontested seizures valued under certain thresholds (typically $500,000 for most assets). If no one contests the forfeiture within the notice period, the government automatically gains title. However, if challenged, it can convert to a judicial proceeding.

At Padula Law, we specialize in navigating these complexities to protect your assets. If you’re unsure which type applies to your case, our experienced team can

provide clarity and strategic defense.

What Assets Are Commonly Targeted in Forfeiture Cases?

In asset forfeiture proceedings, virtually any property suspected of being linked to criminal activity can be at risk, but certain items are more frequently targeted due to their perceived ties to illicit operations.

• Cash is one of the most common targets, especially large sums found during traffic stops or raids, as authorities may allege it’s proceeds from drug trafficking or money laundering—even without direct evidence.
• Vehicles, including cars, boats, and aircraft, are also routinely seized if used to transport contraband or facilitate crimes.
• Real estate, such as homes or commercial properties, can be forfeited if believed to have been purchased with illegal funds or used in criminal enterprises.
• Other assets include jewelry, electronics, bank accounts, and even businesses if they’re deemed instrumentalities of crime.

What makes these seizures particularly challenging is the “taint” theory, where even legally acquired property can be at risk if commingled with suspect items. For instance, a family home bought with legitimate savings might still face forfeiture if illegal activity occurred on the premises.

Padula Law has successfully represented clients in reclaiming a wide range of assets by challenging these connections. If your property has been seized, contact us to explore your options for recovery.

How Does the Asset Forfeiture Process Unfold?

The asset forfeiture process can feel overwhelming, but breaking it down step by step reveals opportunities to intervene and protect your interests. From initial seizure to final disposition, each phase demands careful attention to deadlines and legal nuances.

• It begins with seizure, where law enforcement takes possession of the property based on probable cause, often without a warrant in exigent circumstances. This could happen during an arrest, search, or investigation.
• Next comes the notice phase: The government must notify interested parties, typically within 60 days for federal cases, providing details on how to contest the action. Failing to respond in time can result in default forfeiture.
• If contested, the case moves to adjudication. In civil or converted administrative forfeitures, this involves court hearings where the government presents evidence, and you can file claims or defenses. Criminal forfeitures integrate this into the trial process.
• Finally, disposition occurs: If the government prevails, the asset is sold or retained for official use, with proceeds often funding law enforcement. Successful challenges lead to the property’s return, sometimes with compensation for losses.

Throughout this timeline, procedural errors by authorities can be leveraged for dismissal. At Padula Law, we guide clients through every step, ensuring no opportunity is missed to halt the process and recover what’s rightfully yours.

What Rights Do Property Owners Have in Forfeiture Proceedings?

Property owners facing asset forfeiture are not without defenses; the U.S. Constitution provides essential safeguards that can be invoked to challenge seizures.

• Central to this is due process under the Fifth and Fourteenth Amendments, which mandates fair notice and an opportunity to be heard before permanent deprivation of property. This includes the right to a prompt hearing, especially if the seizure causes hardship, like losing access to a primary vehicle or home.
• The Eighth Amendment protects against excessive fines, prohibiting forfeitures that are grossly disproportionate to the alleged offense.
• Additionally, you have the right to contest the forfeiture by filing a claim, presenting evidence of innocent ownership, or arguing lack of probable cause.
• In criminal cases, the Fourth Amendment’s protections against unreasonable searches and seizures can invalidate the initial taking.

These rights, however, must be asserted proactively within strict timelines. Padula Law excels in leveraging these constitutional protections to advocate for clients, turning potential forfeitures into successful recoveries.

How Can an Asset Forfeiture Attorney Help You?

Specialized asset forfeiture attorneys play a pivotal role in countering government actions, offering expertise that general practitioners may lack. Their involvement can mean the difference between permanent loss and full asset recovery. These lawyers begin by evaluating the seizure’s legality, scrutinizing warrants, probable cause, and procedural compliance to identify grounds for suppression or dismissal. They handle all filings, from claims to motions, ensuring deadlines are met and arguments are compelling. In negotiations, attorneys often secure settlements, such as partial returns or reduced claims, especially when evidence is weak. During litigation, they present defenses like innocent owner status or proportionality challenges, backed by thorough investigations and expert witnesses. Beyond the courtroom, they advise on asset protection strategies to prevent future risks.

At Padula Law, our forfeiture attorney, Michael Padula, brings years of experience in federal cases, helping clients reclaim assets through strategic, client-focused representation.

What Are the Common Defense Strategies in Asset Forfeiture Cases?

Asset forfeiture cases present unique hurdles, but they also offer robust defense opportunities that a skilled attorney, such as Michael Padula, can utilize.

• One primary defense is the innocent owner claim, where you prove the property wasn’t involved in a crime or that you lacked knowledge of its illicit use. This is particularly effective for spouses, landlords, or heirs caught in the crossfire.
• Disproportionate forfeiture arguments challenge seizures under the Eighth Amendment, arguing the penalty exceeds the offense’s gravity; successful in cases like forfeiting a luxury car over a minor drug possession.

Other defenses include:

• Contesting probable cause
• Suppressing evidence from illegal searches
• Highlighting procedural violations like untimely notices

These defenses require meticulous preparation and legal acumen. Padula Law has a proven track record in overcoming such obstacles, delivering favorable results through innovative strategies tailored to each client’s circumstances. If you’re facing forfeiture, let us assess your case and fight for your rights.

When Should You Seek an Asset Forfeiture Attorney?

Timing is critical in asset forfeiture matters; hiring an attorney at the right moment can preserve your rights and improve outcomes. Certain indicators signal the need for immediate professional assistance to avoid irreversible consequences.

• If you’ve received a seizure notice from authorities like the DEA or local police, act swiftly; the response window is often just 30-60 days. Delaying can lead to default judgment in the government’s favor.
• Facing related criminal charges? Forfeiture is frequently intertwined, and an attorney can address both simultaneously, potentially weakening the prosecution’s case.
• Other red flags include property holds during investigations, even without formal seizure, or if you’re an innocent third party whose assets are implicated due to someone else’s actions.

Early intervention allows for evidence gathering, such as affidavits proving legitimate ownership, before the government’s narrative solidifies. Padula Law recommends consulting us as soon as suspicion arises. Our prompt action has helped countless clients navigate these high-stakes situations effectively.

Contact us to learn more about your rights and to discuss your case. Call us at (888) 574-5155 for a free confidential consultation with a firm Miami and Washington, D.C. residents trust to protect prized possessions.