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Licensed Professionals - Criminal and Civil Forfeiture Laws

Licensed professionals, such as pharmacists, physicians and dentists, are not exempt from criminal and civil forfeiture laws.

Forfeiture is the government seizure of property connected to illegal activity. The use of forfeiture laws by federal and state law enforcement agencies in the ongoing "war on drugs" has not been without controversy. Opponents of the forfeiture laws argue that existing procedural safeguards result in too many innocent parties having their property taken away, with little or no recourse for recovery. If your property or assets have been the subject of a criminal or civil forfeiture, it is important to immediately consult with an experienced forfeiture defense attorney. At Paluda P.C., we specialize in the representation of licensed professionals. Call us at 248-740-0203 to set up a consultation with attorney, Andrew J. Paluda.

Criminal and Civil Forfeiture

The government can take title to private property under criminal or civil law. By contrast, criminal forfeiture is a punitive measure taken against a defendant after a conviction, where the government seizes property as a part of the sentence. Because it is a criminal proceeding, a defendant is afforded the protections of the Fourth and Fifth Amendments. While the crime has to be proved beyond a reasonable doubt, the forfeiture requires a lower burden of proof. The government only needs to show by a preponderance of the evidence that the defendant obtained the property around the time of the crime and that it was unlikely it came from any other source. The burden then shifts to the defendant to prove this is not the case.

Civil forfeiture actions proceed against the property itself, which is the defendant in the case rather than the owner. A criminal charge or conviction is not necessary before the government can seize. Prior to the Civil Asset Forfeiture Reform Act of 2000, law enforcement only needed to show probable cause that the property was involved in a crime, usually through a search warrant, before taking the property. The 2000 Act raised this burden of proof to a preponderance of the evidence standard.

Not surprisingly, a vast majority of the forfeitures pursued by the government are civil. Forfeiture proceeds typically go toward funding law enforcement activity, such as payments to informants, buying equipment, and building prisons. Because of law enforcement's strong financial incentive to use civil instead of criminal forfeiture, critics claim that the practice has moved from being a means of fighting drug-related crime to being an end in itself. While provisions of the 2000 Act made it easier for innocent persons to challenge the seizure in court and get their property back, the practice remains controversial.

Property Subject to Forfeiture

The authority to seize property thought to be connected to illegal activity comes from federal statutes. The provisions of state and local statutes are typically similar to federal law. The following categories of property are subject to forfeiture:

1. Contraband - property for which ownership itself is a crime (e.g. illegal drugs, smuggled goods)

2. Proceeds from illegal activity - property that results from or can be traced back to illegal activity (e.g. cash and bank accounts)

3. Tools or instruments used in the commission of crime - property used to commit a crime (e.g. cars, boats, real estate)

Additionally, if a warrant is issued allowing a search and seizure, it is likely that personal and business bank accounts will be frozen.

If Your Property Has Been Forfeited

Whether your property has been the subject of a criminal or civil forfeiture, defenses to the government's action exist, and there are ways to recover your property under the law. Consult with a knowledgeable forfeiture defense attorney immediately at Paluda P.C. in Troy, Michigan to discuss what options are available to you.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.