Quasi-Criminal Forfeitures

Florida White Collar Crime Attorneys

Under federal and state law those who are enriched by committing crimes are not permitted to keep ill-gotten gains. Thus, individuals convicted of white collar criminal activity and other criminal acts are required to repay money acquired through dishonest or illegal means.

In some cases, including drug crimes, fraud, embezzlement and other financial crimes, prosecutors and law enforcement abuse rules related to asset forfeiture.  Aggressive leverage of rules permitting the seizure of assets have resulted in the confiscation and seizure of valuable property and assets before guilt is proven, leaving individuals with insufficient funds to defend themselves and reclaim their personal property.

To protect individuals from the improper seizure of assets, some forfeitures are considered quasi-criminal forfeitures. Understanding the nature of these laws and how they impact your case can be challenging. Our Florida white-collar criminal litigation law firm advises individuals and businesses facing the potential seizure of assets.

Preventing Asset Forfeitures

The loss of property and assets can be devastating to an individual’s or business’ finances, especially if the forfeiture results in insufficient funds to secure legal assistance.

Traditionally, seizure of assets from those believed to have profited from illegal acts was considered a civil proceeding with a lesser burden of proof. However, courts have ruled that certain types of forfeitures and asset seizures are quasi-criminal in nature. As such, a hearing and a trial by jury may be required before contraband can be seized by government authorities.

Podhurst Orseck assists clients in determining whether an asset seizure should be classified as a quasi-criminal forfeiture and in fighting against forfeiture in civil or criminal proceedings.

The Florida white collar criminal litigation law firm of Podhurst Orseck is uniquely qualified to represent individuals and businesses facing asset seizures as a result of criminal accusations. Several of our attorneys have experience as federal prosecutors, and our firm has also been handling asset seizure cases since the firm’s founding over four decades ago.

Our attorneys have also been named among the 2013 Best Lawyers by U.S. News & World Report and our litigation department has been recognized as the Litigation Department of the Year by The Daily Business Review.

Podhurst Orseck can provide comprehensive legal services in situations where asset forfeiture is a possibility. Taking proactive legal action with the help of an experienced attorney can help you to protect assets before forfeiture occurs and before private property is placed in jeopardy.