In some criminal cases, the prosecution and the government have the authority to initiate asset forfeiture. This ensures that a criminal does not gain financial or material wealth due to illegal activity. For example, if you are charged with drug trafficking, the government has the authority to secure all drugs, equipment to manufacture or traffic drugs and money collected from the drug operation. The individual who earned that money through an illegal business cannot keep his or her wealth because it was obtained by dishonest means.

Some anti-forfeiture advocates claim that asset forfeiture endangers American rights when they seize property. A false statement on a loan application or a clerical error on Medicare billing can lead to asset forfeiture. If you believe that your asset forfeiture is unjust, you have the right and responsibility to challenge this in court.

With the help of a skilled local criminal defense attorney, you may be able to fight asset forfeiture or show that it is not a proper penalty considering the nature of the crime. In criminal proceedings, authorities cannot initiate asset forfeiture without a standard of proof.

Individuals may face asset forfeiture if they committee the following crimes:

• Drug crimes
• Theft crimes
• Murder / murder accomplice
• Fraud
• White collar crimes
• Violent crimes
• Prostitution
• Cyber crimes

Criminal forfeiture normally cannot be carried out unless it is part of a sentence. This means that individuals cannot have their assets forfeited unless they are proven guilty of a crime. This is not the same as seizing various items as evidence in the court case. The United States Treasure Department is responsible for managing and disposing of all properties that are seized by the treasury agencies through forfeiture.

If you want more information about asset forfeiture cases or are curious about whether asset forfeiture may be a factor in your criminal case, talk with a local criminal defense attorney today!