For many people facing a criminal investigation, the first major disruption does not come from a conviction or even an indictment. It can happen when the government takes control of money, vehicles, real estate, or other property that investigators believe is connected to criminal activity.
Asset forfeiture laws can allow the government to seize property before a criminal case has been resolved. In some circumstances, property may even be targeted when its owner has not been charged with a crime. For individuals and businesses in Florida, understanding why a seizure occurred and what process applies can be critical to protecting valuable assets.
Why Property May Be Seized During an Investigation
Federal authorities can pursue property they allege represents proceeds of criminal activity, was used to facilitate an offense, or is otherwise subject to forfeiture under federal law.
Depending on the investigation, targeted assets may include:
- Cash.
- Bank account funds.
- Vehicles or vessels.
- Real estate.
- Business assets.
- Other valuable property allegedly connected to an offense.
A seizure does not establish that the government’s allegations are true. It means the authorities believe they have a legal basis to take control of the property while the forfeiture proceedings are ongoing.
Criminal and Civil Forfeiture Are Not the Same
How the government seeks to keep seized property depends partly on the type of forfeiture involved.
- Criminal forfeiture is generally connected to a prosecution and may be a consequence following a conviction. The government must establish the required connection between the property and the criminal offense.
- Civil forfeiture is different because the proceeding is brought against the property itself. A criminal conviction is not necessarily required, and an owner may need to take affirmative steps to challenge the government’s attempt to retain the asset.
This distinction can surprise people who assume that property must automatically be returned if they have not been convicted.
Financial Investigations Can Put Legitimate Assets at Risk
Forfeiture disputes can become particularly complicated when allegedly unlawful funds have been mixed with legitimate money or moved through business accounts.
Federal investigators may trace transactions across multiple accounts, examine the source of deposits, and analyze how funds were transferred or spent. In cases involving fraud, money laundering, drug offenses, or other alleged financial crimes, prosecutors may contend that particular assets can be traced to unlawful proceeds.
The defense may need to examine that financial history closely. Ownership records, transaction histories, business documents, and evidence showing legitimate sources of funds can all become important when challenging the government’s theory.
Deadlines Can Matter After a Seizure
Someone whose property has been seized should not assume that the underlying criminal investigation and the property dispute will automatically proceed together.
Forfeiture procedures can involve separate notices, claims, filing requirements, and deadlines. Failing to respond appropriately may jeopardize an owner’s ability to contest the forfeiture, regardless of what ultimately happens in the criminal matter.
The strategy may also need to account for both proceedings. Statements or evidence presented in a forfeiture dispute can have implications when a related criminal investigation remains active.
Protecting Property When the Government Takes Action
The loss of access to a bank account, vehicle, business funds, or other property can create immediate financial consequences before guilt has ever been established. You should promptly determine the basis for the seizure and the available response.
Trombley & Hanes represents individuals and businesses facing federal criminal investigations and forfeiture proceedings in Florida and throughout the U.S. If federal authorities have seized your money or property, call our Tampa federal criminal defense attorneys at 813-229-7918 or contact us online to discuss the seizure, the allegations behind it, and your options for challenging the government’s claim.
