Civil asset forfeiture is a legal process where law enforcement can seize your assets so long as it merely suspects you or the assets in question have been involved in criminal activity. Under the laws that give rise to civil asset forfeiture, law enforcement doesn’t need a court order or to charge you with a crime to take this action. Despite seemingly good intentions of deterring crime, many critics argue this practice cuts against the fabric of America, and understandably so. Administrative forfeiture is a subset of civil asset forfeiture. It serves to streamline the process, but with this comes even more controversy.

In this article, the administrative forfeiture attorneys of Asset Forfeiture Attorney based in Los Angeles, CA, will delve into how administrative forfeiture impacts civil asset forfeiture laws, as well as its implications on property owners. Our goal is to provide you with a thorough understanding of these complex and niche legal mechanisms. This way, whether you’re wondering how to get your property back, what the process may be like, or how long it might take, you’ll have a better idea of the context behind these questions and be better prepared to navigate your situation.

Understanding Civil Asset Forfeiture

Civil asset forfeiture allows law enforcement agencies to seize property they believe is associated with criminal activity. Unlike criminal forfeiture, which requires a conviction, civil forfeiture is a legal action against the property itself. This might sound odd since an inanimate object like property can’t take any action, whether criminal or not. There are legal grounds and justification for this, however.

What this means practically is that the burden of proof in these cases rests on the property owner. They need to demonstrate that the assets in question were not involved in any illegal activities. Many criticize this process as a cesspool of property owners’ rights violations, ripe with abuse and disproportionately impacting lower-income and racial minorities.

What Is Administrative Forfeiture?

Administrative forfeiture is a streamlined process that allows law enforcement agencies such as the Drug Enforcement Administration, Federal Bureau of Investigation, Customs and Border Protection, and the Internal Revenue Service to seize property without judicial involvement, provided the property in question is not contested. Administrative forfeiture is generally used for smaller assets or lower-valued items since there are value limits for administrative forfeiture, generally less than $500,000 for non-cash items and $100,000 for cash.

The Administrative Forfeiture Process

Each administrative forfeiture case is unique, but it’s safe to say that most adhere to the same general process.

Seizure Notice

Administrative forfeiture begins with law enforcement seizing the property and issuing a notice of seizure to the property owner.  In this notice, law enforcement must provide information about the seizure and the legal grounds for it.

Filing a Claim

Property owners have approximately 30 days to file a claim contesting the seizure. An administrative forfeiture defense attorney can provide essential guidance in filing this claim correctly. Since administrative forfeiture proceedings can be fairly complex and high stakes, it is highly recommended that you consider partnering with one.

Response

Once a claim is filed, the government must either return the property or file a complaint for judicial forfeiture in federal court. If it files a complaint, the case transitions from an administrative to a judicial process.

Impact On Civil Asset Forfeiture Laws

Administrative forfeiture has a profound impact on civil asset forfeiture laws, primarily by expanding the scope and ease of asset seizure, namely via:

Increased Seizures

Given how streamlined administrative forfeiture is, law enforcement agencies can process far more seizures than if they were required to through traditional judicial means. This naturally raises concerns regarding due process and abuse.

Lower Burden Of Proof

With probable cause being the burden of proof in practice for administrative forfeiture cases as opposed to beyond a reasonable doubt in criminal cases, the government can much more easily seize assets than it otherwise would be able to.

Deficient Oversight

The judicial system would otherwise serve as a check on law enforcement agencies, but with the civil asset forfeiture laws being what they are, government agencies can in effect circumvent the courts. This lends itself to an increase in wrongful seizures.

Implications For Property Owners

As a property owner, you need to be aware of the implications and resulting challenges of administrative forfeiture on your situation and rights.

Reduced Recourse

Without direct involvement of the judicial system, property owners have far fewer recourse available to them than they would otherwise have. On top of this, they have the burden of initiating legal proceedings to recover their property.

Financial Hardship

Contesting a seizure can be considerably expensive. This is magnified given that many who suffer these seizures are lower income. This results in many property owners opting to forgo challenging the seizure, even in instances of it being entirely unjust. What’s even more unfortunate is that many don’t realize administrative forfeiture cases can generally be handled on a contingency basis. This means that hiring an attorney wouldn’t be an upfront or additional financial burden to you. Their pay would be taken out of whatever you were awarded.

Erosion Of Trust

Speaking more generally, administrative forfeiture creates challenges on a more societal level, serving to erode trust in the institutions associated with law enforcement and the overall judicial system of government. The perceived overreach of administrative forfeiture causes many to feel as though they are the target of these very systems that supposedly exist to protect them, not seek their ruin.

And More

Administrative forfeiture has significantly impacted civil asset forfeiture laws and made it easier for law enforcement to seize property. Property owners face an uphill battle to recover their assets, which is only compounded by additional financial and legal hurdles. Reach out to Asset Forfeiture Attorney today for answers to nuanced questions or representation in the litigation of your administrative forfeiture case.