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Forfeiture Articles
- Seizures of Bank AccountsIf funds in a bank account are frozen, blocked, or seized under federal law. See 21 U.S.C. § 881(a)(6) and 31 U.S.C. § 5317(c)(2) or 18 U.S.C. §§…
- Seizure of Cryptocurrency for ForfeitureWhat happens when a federal agency obtains a warrant to seize cryptocurrency for forfeiture? If your account was frozen because of an investigation…
- Seizure of Bitcoin for Civil Asset ForfeitureThe U.S. Department of Justice recently launched the Digital Asset Coordinators Network, a network of 150 federal law enforcement officials tasked…
- Rule 41(g) Motion for the Return of PropertyFederal Rule of Criminal Procedure 41(g) provides that “[a] person aggrieved by an unlawful search and seizure of property or by the deprivation of…
- Responding to the Complaint for Forfeiture In RemIf the United States files a complaint for forfeiture In Rem against the U.S. Currency within the 90-day deadline, the complaint for forfeiture In…
- Petition for Remission or Mitigation of the ForfeitureAfter your property or currency is seized, you should hire an attorney to file a verified claim for court action (sometimes called “early judicial…
- Motion to Suppress in CAFRA Forfeiture CasesThe Fourth Amendment of the United States protects the “right of the people to be secure in their persons, houses, papers, and effects, against…
- Motion to Set Aside a Declaration of ForfeitureThe 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…
- Innocent Owner DefenseAfter the Government has sustained its initial burden of proof on forfeitability, federal law entitles any claimant with standing to assert the…
- Forfeiture for Money Transmitting BusinessForfeitures occur under both state and federal law. Under federal law, 18 U.S.C. § 1960 prohibits operating a “money transmitting business” without a…
- Final Administrative Action by Customs and Border ProtectionAfter your U.S. Currency or other property is seized by an agent with the Department of Homeland Security Investigations (HSI) or Customs and Border…