Federal and State Asset & Property Forfeiture Lawyer
Asset Forfeiture Laws
American forfeiture law is hardly new—it originates in the British Navigation Acts of the mid-17th century. But over the past thirty years, the government’s use of forfeiture confiscation laws has expanded exponentially. The Justice Department’s National Assets Seizure and Forfeiture Fund seized $27 million from drug-related forfeitures when in was established in 1985. The total take climbed to $875 million by 1992, and to over $4 billion by 2014. Although the stated purpose of American law enforcement agencies is to use forfeiture laws as a deterrence against illegal activity, police and prosecutors have funded their operations with money derived from forfeited property. Not surprisingly, asset forfeiture has become of law enforcement’s weapons of choice.
Under our system, asset forfeiture may occur not just as part of a property owner’s criminal conviction, but also in cases where criminal charges are never brought—let alone proven. Indeed, the U.S. Supreme Court has upheld forfeiture statutes allowing “civil forfeiture” even against innocent property owners!
Criminal and Civil forfeiture laws operate differently, but both are premised on the idea that the forfeitable assets were derived from criminal activity or facilitated it. Criminal forfeiture is considered part of the property owner’s punishment, occurring only after a criminal conviction. But civil forfeiture does not require a criminal conviction against the owner of the confiscated property. Civil forfeiture law has been strongly criticized as a constitutional violation and a serious assault on private property rights. It occurs every day.
Criminal forfeiture requires a criminal conviction. The government confiscates the property and/or assets involved in the criminal activity as part of the offender’s punishment for a crime.
Civil forfeiture proceedings are directed towards property involved in an illegal activity specified by the statute, premised on the theory that the property itself, and not the owner, has violated the law.
Administrative forfeiture occurs when the government seizes property that no person properly “claims” before a specified claim deadline expires. If the seized property is so “abandoned,” its title passes to the government without the matter ever being litigated in court.
Forfeiture Claims Deadlines
An individual who has received notice of civil or administrative forfeiture has only a limited amount of time to respond. Depending on whether the notice is governed by federal or state law, and whether it is civil or criminal in nature, different procedures apply and different deadlines govern the time a property owner has to respond. The claim deadlines are strictly enforced. If you have received such a notice, you may be eligible to file a property recovery claim, but it is imperative that you act promptly. It also is imperative that you speak with counsel before filing a claim because filing a careless claim may subject you to criminal prosecution. Please contact Kassius Benson to determine your options before they expire.
CRIMINAL AND CIVIL FORFEITURE LAW ATTORNEY
Kassius Benson represents individuals in relation to such asset, property, and vehicle forfeiture matters. In many cases involving federal or state narcotics investigations, individuals have been subjected to the seizure of their personal property. Those individuals have often had property such as houses, businesses, vehicles, and money seized by the federal or state government. Attorney Kassius O. Benson has handled countless forfeiture actions in relation to narcotics cases throughout Minnesota. Mr. Benson has successfully litigated or negotiated the return of personal property seized by Federal and state governments including firearms, money, and vehicles.
Immediate Defense to Protect Your Private Property Rights
Kassius Benson Law, P.A., a Minneapolis, MN based law firm, stands with individuals facing property forfeiture proceedings and underlying criminal charges or civil forfeiture actions. The loss of property without compensation intimidates individuals who are usually not aware of the law enforcement agencies’ power to seize lawfully-acquired property.
Many property owners, lacking experience in the nuances of law enforcement investigations, wrongly believe they can “talk their way out” of an asset confiscation. More often than not, they prejudice their ability to prevail by failing to seek legal counsel first.
An effective forfeiture defense requires an experienced legal team with an understanding of the lengthy and complex process of property recovery and property loss prevention under the law. Time is crucial in cases involving asset forfeiture and property confiscation. Our law firm is nationally recognized for our aggressive and expeditious representation of our clients’ interests.
Our zealous representation in forfeiture litigation, has included cases involving criminal charges and cases where civil seizure actions were taken directly against property, including:
Cash, Bank and Investment Accounts
Real Estate and Homes
Business Assets and Property
How We Can Help You
Kassius Benson concentrates on protecting your property while defending you on criminal charges in state and federal courts.
Generally, the asset forfeiture process begins with the partial or entire confiscation of property either after a court issues a warrant based on an allegation that probable cause exists that the property was used in or derived from a crime, or after police seize property without a warrant and determine to allege the property is tainted by crime.
Mr. Benson works diligently to challenge the government’s procedure in seizing the property, including where appropriate identifying unsubstantiated claims and inconsistencies in warrants, refuting testimony, challenging specious conclusions, examining potential constitutional violations, checking investigators’ backgrounds, and raising challenges where prosecution evidence appears unreliable. In addition, when necessary, our legal team employs professional techniques to trace and establish any separation of the seized property from the alleged criminal activity.
If your assets have been threatened or seized, whether criminally or civilly , you are encouraged to contact Kassius Benson at Kassius Benson Law, P.A. right away. Time is of the essence in any forfeiture action. Most asset forfeiture statutes require the individual to file a forfeiture action within a certain number of days. The failure to file the appropriate paperwork within the time limit will result in the permanent loss of the seized property.
Don’t hesitate to contact Kassius Benson Law, P.A. at (612) 333-2755 or online via our contact form.