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Former Lead Attorney in the Broward County Public Defenders Office
Former Lead Attorney in the specialized Domestic Violence Court
Practicing Law for over 17 years
Admitted to practice in: All Florida & Tennessee State Courts
Member of the Florida & Tennessee Bar
Broward County Bar Association & American Trial Lawyers Association
Florida & Tennessee Association's of Criminal Defense Lawyers
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Federal forfeiture
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Under Federal Criminal Law, Asset forfeiture functions as a tax or penalty upon you when property becomes involved with alleged criminal activity. The government is legally entitled to seize such property under a mere suspicion of a connection to misconduct. Qualified counsel can assist by significantly improving the probability of recovering some or all of the value of the property seized.
There are numerous narcotics and non-narcotics federal criminal violations which permit asset forfeiture. Narcotics and money laundering charges are the most common bases to seize and forfeit your assets. However, there are other statutes that permit forfeiture. Mail and wire fraud that affects a financial institution, various environmental/hazardous waste violations, certain motor vehicle violations such as altering or removing a vehicle identification number, motor fuel excise tax violations, and many others are all federal predicates for civil and criminal forfeiture proceedings.
The federal government may bring two types of asset forfeiture proceedings - civil or criminal. There are also administrative forfeiture actions.
Federal civil forfeiture proceedings are actions brought directly against particular types of properties, such a parcels of real estate, boats, airplanes, stores, factories, inventory or any type of real or personal property. The actions are entitled "The United States of America v. One Parcel of Real Property Located at..." or a similar name. In general, to prevail in such an action, the government must show probable cause that the property facilitated, or was purchased by you with the proceeds of, specified unlawful activity. For you to prevail against the government, you, the owner of the property, or a claimant, must contest the government's showing of probable cause.
Administrative forfeiture proceedings are a type of civil forfeiture initiated and conducted by law enforcement agencies. Until an administrative forfeiture is contested, and sent to a U.S. Attorney for prosecution, the law enforcement agencies have great autonomy in handling administrative forfeitures.
In criminal forfeiture proceedings forfeiture is sought as part of a criminal proceeding against a particular person. Thus, unlike a federal civil forfeiture action, the criminal forfeiture proceeding is directly connected to a pending criminal prosecution.
Under civil or criminal law, in an asset forfeiture procedure, a claimant must prove that either he or she is an "innocent owner" or that the property was not involved in criminal activity. Generally, a claimant holding a financial interest in property sought to be seized must show that he or she did not know of any criminal activity relating to the property or that if the claimant had such knowledge, that he or she took all reasonable steps to stop such illegal activity.
If the government is considering forfeiture of any of your assets or property, sound legal advice is important to protecting your rights.
I would like to speak with you!
I'll gladly talk with you over the phone or in person for free. I'll help you understand what decisions you face -- what could happen if your case goes to trial -- and what I can do to defend you and protect your rights.
Call Jeff at 954-768-0988
Toll Free 1-800-403-2056
Law Office of Jeffrey N. Ivashuk, P.A.
Attorney at Law
727 N.E. 3rd Avenue, Suite 201
Fort Lauderdale, FL 33304
Phone 954-768-0988 " Toll Free 1-800-403-2056
Contact me today!
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