Civil Asset Forfeiture

What Is Civil Asset Forfeiture?

In a federal forfeiture case, the government brings an action against the property itself—not the person. These cases are typically filed under statutes such as 18 U.S.C. § 981 or 21 U.S.C. § 881 and are governed by the Civil Asset Forfeiture Reform Act.

The government must prove that the property is connected to certain alleged conduct (commonly drug activity or financial crimes), but the burden of navigating the process falls heavily on the property owner.

Common Situations We Handle

We regularly assist clients in matters involving:

Cash seizures during traffic stops
Bank account freezes based on alleged structuring
Seizure of vehicles or firearms
Real estate tied to alleged criminal activity
Federal “adoption” of seizures initially made by state or local law enforcement

These cases often begin with a seizure and a notice—followed by tight deadlines that can determine whether the property is lost by default.

Why Early Action Matters

One of the most critical decisions in a forfeiture case is how and when to respond.

In many cases, the government initiates an administrative forfeiture process. If the proper claim is not filed on time, the property can be forfeited without ever seeing a courtroom.

Early intervention allows us to:

Force the government into federal court
Preserve your right to contest the seizure
Position the case for recovery or favorable resolution

Our Approach

We approach forfeiture cases with a focus on precision, timing, and leverage.

1. Immediate Case Assessment

We analyze the basis of the seizure, the applicable deadlines, and whether the government has met its statutory requirements.

2. Procedural Defense

Forfeiture law is highly technical. We ensure that:

Claims and answers comply with federal rules
Standing is properly established
The government is held to its burden

3. Substantive Challenges

Where appropriate, we assert:

Lack of connection between the property and alleged conduct
Innocent owner defenses
Constitutional challenges, including unlawful searches or excessive penalties

4. Strategic Resolution

Not every case should be litigated to the end. We evaluate whether:

Negotiated return of property is achievable
Remission or mitigation is appropriate
Full litigation is necessary to protect the client's interests

Federal Forfeiture in Missouri

In the St. Louis region, many forfeiture cases arise from joint federal–local investigations. Property seized by local officers may ultimately be pursued in federal court.

Understanding how these cases develop—and how to respond at each stage—is essential to protecting your rights.

What To Do If Your Property Has Been Seized

If you receive a notice of federal forfeiture or your property has been taken:

Do not ignore the notice
Do not assume the process will resolve itself
Act quickly—deadlines are strict and unforgiving

A missed filing deadline can result in permanent loss of property, even where the seizure is questionable.

Speak With an Attorney

We are available to evaluate forfeiture matters promptly and provide clear guidance on next steps.

If your property has been seized or you have received notice of a federal forfeiture action, contact us to discuss your options.

Frequently Asked Questions About Civil Asset Forfeiture

Can the government really take my property if I'm not charged with a crime?

Yes. In a federal civil forfeiture case, the action is brought against the property itself—not the owner. That means property can be seized and forfeited even if no criminal charges are filed. However, the government must still prove that the property is connected to certain alleged conduct, and you have the right to challenge that claim.

What kinds of property can be seized?

Common examples include:

Cash
Bank accounts
Vehicles
Real estate
Firearms or other personal property

Cash seizures during traffic stops and bank account seizures based on alleged structuring are among the most frequent cases we see.

How much time do I have to respond?

Deadlines are strict and often short. In many cases, you may have as little as 30 days (or less) to file a proper claim after receiving notice.

Missing a deadline can result in automatic forfeiture, meaning the property is lost without a hearing.

What is an “administrative forfeiture”?

Administrative forfeiture is a process handled by a federal agency (such as the DEA) without a court case—unless you timely file a claim.

If a proper claim is filed, the government must either return the property or file a case in federal court. If no claim is filed, the property can be forfeited by default.

What is a “verified claim,” and why does it matter?

A verified claim is a formal filing asserting your interest in the seized property. It must comply with specific federal rules and be submitted under oath.

Errors in the claim—such as missing information or improper formatting—can lead to the claim being stricken, which may result in losing the case on procedural grounds alone.

What is the “innocent owner” defense?

An innocent owner is someone who:

Did not know of the alleged conduct giving rise to the forfeiture, or
Did not consent to it

This defense is often critical in cases involving shared property, business accounts, or family members.

Will I get my property back automatically if the government's case is weak?

Not necessarily. Even in questionable cases, the burden is on the property owner to properly assert a claim and actively contest the forfeiture.

Failure to follow the process can result in loss of property regardless of the underlying facts.

Can I challenge how the property was seized?

Yes. In some cases, the seizure may be challenged on constitutional grounds, including:

Unlawful searches or seizures
Lack of probable cause
Excessive penalties relative to the alleged conduct

These issues can play an important role in defending a forfeiture case.

Do I have to go to federal court?

Not always. Some matters can be resolved through administrative processes, including petitions for remission or mitigation.

However, in many cases, filing a claim and proceeding in federal court is the best way to fully protect your rights.

Should I handle this myself?

Forfeiture law is highly technical, and the rules are strictly enforced. Small procedural mistakes can have permanent consequences.

For that reason, it is generally advisable to consult with counsel early in the process.

What should I do right now if my property has been seized?

Keep all notices and documents you receive
Do not miss any deadlines
Avoid making statements without understanding the implications
Seek legal advice promptly

Early action can make a significant difference in the outcome.