Motion to Set Aside a Declaration of Forfeiture
The Civil Asset Forfeiture Reform Act of 2000 (CAFRA) sets forth the general rules for civil forfeiture proceedings. 18 U.S.C. § 983. When CAFRA was enacted in 2000, its statutory provisions became “the exclusive remedy for seeking to set aside a declaration of forfeiture under a civil forfeiture statute.” 18 U.S.C. § 983(e)(5).
But if you didn’t receive proper notice of the administrative forfeiture, CAFRA authorizes an interested party to challenge the seizure of property after a forfeiture proceeding has been completed and the motion will be granted if: “(A) the Government knew, or reasonably should have known of the moving party’s interest and failed to take reasonable steps to provide the party with notice, and (B) the moving party did not know or have reason to know of the seizure within a sufficient time to file a timely claim.” 18 U.S.C. § 983(e)(1).
The claimant may set aside and reopen forfeiture proceedings under 18 U.S.C. § 983(e) due to the defects in the notice. 18 U.S.C. § 983(e)(1) explains that the 983(e) motion “shall be granted if . . . the Government knew, or reasonably should have known, of the moving party’s interest and failed to take reasonable steps to provide such party with notice” and “the moving party did not know or have reason to know of the seizure within a sufficient time to file a timely claim.”
In United States v. Brome, 942 F.3d 550, 552 (2d Cir. 2019), the court noted: “The right to seek to set aside [a] forfeiture is limited to claims of lack of adequate notice.” A motion under section 983(e) must be made within “5 years after the date of final publication of notice of seizure of the property.” Id. § 983(e)(3). If granted, the declaration of forfeiture is set aside “without prejudice to the right of the Government to commence a subsequent forfeiture proceeding,” meaning the most likely result is a reopened proceeding in which the claimant can attempt to prevent the forfeiture of his property. Id. § 983(e)(2)(A).
If you did not receive notice, CAFRA requires that “[a] motion to set aside the declaration of forfeiture must be filed no later than five years after the date of final publication of notice of seizure.” Landry v. United States, 600 F. App’x 216, 220 (5th Cir. 2015) (citing 18 U.S.C. § 983(e)(3)). If you are interested in setting aside a declaration of forfeiture in federal court because you were not properly served with a notice, then contact asset forfeiture and seizure attorney Sebastian Rucci.
Civil forfeitures laws permit law enforcement to seize property without a conviction and keep what they seize, this has warped law enforcement priorities and decimated public trust in law enforcement.
Newspaper Articles About Forfeiture Abuses
USA Today (7-16-2021): Innocent people shouldn’t lose cash to police in civil asset forfeiture
Forfeiture Attorney Sebastian Rucci Can File a Motion to Set Aside a Declaration of Forfeiture
Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures. Sebastian Rucci will challenge
federal asset forfeiture cases throughout the United States. He can file a verified claim for the seized assets, an answer challenging the allegations in the verified forfeiture complaint, seek an adversarial preliminary hearing if one was denied, and challenge the seizure by filing a motion to suppress and dismiss on multiple procedural grounds demanding the immediate return of the seized assets.
Experienced forfeiture attorney Sebastian Rucci can show that the seized assets are not the proceeds of criminal activity and that the agency did not have probable cause to seize the funds or other assets. Even if a showing of probable cause has been made, he can file to rebut the probable cause by demonstrating that the forfeiture statute was not violated, that the agency failed to trace the funds, or showing an affirmative defense that entitles the immediate return of the seized assets.
Forfeiture attorney Sebastian Rucci is available as co-counsel, working with other counsel, where he focuses on challenging the asset forfeiture and seizure aspect of the case throughout the United States. Forfeiture attorney Sebastian Rucci often takes civil asset forfeiture cases on a contingency fee basis, which means that you pay nothing until the money or other asset is returned. Let experienced forfeiture attorney Sebastian Rucci put his experience with federal seizures and forfeiture actions to work for you, call attorney Sebastian Rucci at 330-720-0398.
