What is Asset Forfeiture?

 Posted on August 25, 2023 in Criminal Law

Asset forfeiture is a legal process that allows law enforcement agencies to seize, and potentially forfeit assets tied to criminal activity. This tool is used to disrupt and combat organized crime, drug trafficking, money laundering, and other illicit activities. Today, we will look at the concept of asset forfeiture in criminal cases, exploring its rationale, procedure, and potential impact on the individuals involved. If you are facing criminal charges and fear your assets may be seized or forfeited, contact a San Antonio area criminal defense lawyer to get the legal help you need.

Rationale Behind Asset Forfeiture

Asset forfeiture serves two primary purposes:

• Disrupting criminal enterprises – By seizing assets connected to criminal activity, law enforcement aims to disrupt the financial structure of organized crime networks. Stripping criminals of their ill-gotten gains hampers their ability to perpetuate criminal enterprises.
• Deterrence – Asset forfeiture acts as a deterrent, discouraging individuals from engaging in criminal activities that generate significant financial gains. The potential loss of assets can serve as a powerful disincentive, undermining the allure of financial rewards tied to criminal behavior.

Procedures for Asset Forfeiture

The process of asset forfeiture typically involves the following steps:

• Seizure – Law enforcement agencies seize assets believed to be connected to criminal activity. This can include cash, vehicles, real estate, bank accounts, jewelry, and other valuable belongings.
• Notice – Upon seizing the assets; authorities are required to provide notice to the individuals affected by the forfeiture. This starts the legal process by informing owners of their right to contest the seizure.
• Burden of proof – In civil forfeiture cases, the burden of proof is tied to whether it can be proven by a preponderance of the evidence that the seized property was used as a part of a crime. Even though it’s a civil rather than criminal matter, these cases are generally brought by law enforcement agencies, and people who have had their assets seized will need to take steps to contest the seizure and recover their property.

Impact on Individuals

Asset forfeiture has generated debate due to its potential impact on innocent individuals:

• Potential loss of assets – Individuals may face the loss of their assets, even if they have not been convicted of a crime. This can lead to financial hardship and impact livelihoods.
• Due process concerns – Critics also argue that asset forfeiture can infringe upon an individual’s due process rights.

Contact a Sn Antonio Criminal Defense Lawyer

If you are facing a criminal proceeding and are concerned about the prospect of asset forfeiture, contact the skilled San Antonio, TX criminal defense attorney with Law Offices of Sam H. Lock. Call 210-226-0965

Source - https://www.justice.gov/usao-mdpa/divisions/asset-forfeiture#:~:text=A%3A%20Asset%20Forfeiture%20is%20the,the%20commission%20of%20a%20crime.