Resources - Sebastian Rucci - Asset Forfeiture and Seizure Law Firm

Attorney Sebastian Rucci has 27 years of legal experience and focuses his practice on seizures and asset forfeitures. Experienced forfeiture attorney Sebastian Rucci is also available as co-counsel, working with other local counsel, challenging asset forfeitures and seizures throughout the United States. Let experienced forfeiture attorney Sebastian Rucci put his experience with seizures and forfeiture to work for you, call forfeiture attorney Sebastian Rucci at 330-720-0398.

18 U.S.C. § 982 CRIMINAL FORFEITURE

18 U.S.C. § 982 CRIMINAL FORFEITURE (a)(1) The court, in imposing sentence . . . shall order that the person forfeit to the United States any property, real or personal, involved in such offense, or any property traceable to such property. (2) The court, in imposing sentence on a person convicted of a violation of . . . . (b)(1) The forfeiture of property under this section, including any seizure and disposition of the property and any related judicial or administrative proceeding, shall be governed by the provisions of 21 U.S.C. 853. (2) The substitution of assets 21 U.S.C. § 853(p) shall not be used to order a defendant to forfeit assets in place of the actual property laundered . . .

18 U.S.C. § 983. GENERAL RULES FOR CIVIL FORFEITURE PROCEEDINGS

18 U.S.C. § 983(j)(1) the court may enter a restraining order or injunction to seize . . .property subject to civil forfeiture (A) upon the filing of a civil forfeiture complaint; or (B) prior to the filing of a complaint, if, after notice and a hearing, the court determines (i) there is a substantial probability the United States will prevail and that failure to enter the order will result in the property being unavailable for forfeiture; and (ii) the need to preserve the property outweighs the hardship on the party against whom the order is to be entered. (2) The order shall be effective for 90 days. (3) A temporary restraining order may be entered for not more than 14 days.

21 U.S.C. § 853. CRIMINAL FORFEITURES

21 U.S.C. § 853. CRIMINAL FORFEITURES (e) Protective orders. (1) the court may enter a restraining order or injunction (A) upon the filing of an indictment . . . or (B) prior to the filing of an indictment if, after notice and a hearing, the court determines i) there is a substantial probability that the United States will prevail on the issue of forfeiture and that failure to enter the order will result in the property being unavailable for forfeiture; and (ii) the need to preserve the availability of the property outweighs the hardship on any party against whom the order is to be entered: the order shall be effective for not more than 90 days. (2) A temporary restraining order may be entered without notice or hearing for not more than 14 days.

21 U.S.C. § 881 FORFEITURES

21 U.S.C. § 881 FORFEITURES (a) The following shall be subject to forfeiture to the United States . . . (4) All vehicles . . . (6) All moneys . . . in exchange for a controlled substance . . . . (7) All real property . . . used to violate this title. . . (b) Any property subject to forfeiture to the United States under this section may be seized by the Attorney General in the manner set forth in 18 U.S.C. § 981(b). . . . (i) The provisions of 18 U.S.C. § 981(g) regarding the stay of a civil forfeiture proceeding shall apply to forfeitures under this section.

Airport Cash Seizures: What to Do if TSA or DEA Takes Your Money

Cash-carrying travelers are frequently targeted for civil asset forfeiture at airports.

Innocent Owner Defense in Asset Forfeiture: Protecting Your Property Rights

Many people lose property to civil forfeiture despite never being charged with a crime. The “innocent owner” defense is meant to help innocent third parties recover their property, but it can be an uphill battle. Learn how this defense works, the challenges owners face in proving their innocence, and how to improve your chances of getting seized property back.