Asset Seizure and Forfeiture Attorneys
Sammis Law Firm
Asset Seizure and Forfeiture Attorneys
Sammis Law Firm
Sammis Law Firm
Asset Seizure and Forfeiture Attorneys
Sammis Law Firm has recovered millions on behalf of their clients whose property was seized by government agencies through civil asset forfeiture.
Cash
Precious Metals
Crypto
Vehicles
Vessels
Bank Accounts
Real Estate
Merchandise
Aircraft
Many of our clients ask the same question – “What kinds of cases have you taken in the past, and what was the outcome in those cases?” If you would like to view our past case results for the felony and misdemeanor cases listed here, please consider the following facts:
When the federal government seizes property alleging the property is connected to illicit activity, the property owner must act quickly to intervene as the claimant and pursue legal action to recover the property. Civil asset forfeiture laws allow the government to commence proceedings against the property without charging the property owner with a crime.
Seizing Agencies:
ATF
USPIS
USMS
TSA
IRS
DHS
FBI
DOJ
DEA
CBP
Sammis Law Firm represents clients in civil asset forfeiture cases throughout the entire state of Florida. We can help you fight back after a law enforcement agency seized property under the Florida Contraband Forfeiture Act. We understand the requirements in Section 932.701, Florida Statutes, when property is alleged to be contraband or represents the proceeds or instrumentality of criminal activity.
Florida Counties:
The first step in challenging the seizure requires demanding an adversarial preliminary hearing (APH) within 15 days of when you were served with the “notice of seizure.” After the probable cause determination, the agency will file a complaint for forfeiture. You only have 20 days after being served with the complaint to file an answer and assert affirmative defense. Under Florida law, you are entitled to a jury trial in a civil asset forfeiture case.
Submit this form to request a free and confidential consultation with one of our attorneys. Sammis Law Firm is ready to act quickly on your behalf to claim your seized property and have it returned.
Cash seizures at airports have been occurring more frequently in recent years to people traveling with over $10,000 in cash. If your cash was seized by a government agency at an airport, act quickly to preserve your right to claim your property.
Sammis Law Firm works to recover cash and other property that was seized by a federal agency at any airport in the United States, including each of the following:
Serving all federal jurisdictions in the United States, Sammis Law Firm is ready to take action quickly to recover cash that was seized by a government agency at an airport.
Seizures of cryptocurrencies can happen as the result of a warrant and often involve a user’s account at a centralized exchange (CEX). Some or all of the digital assets in the account can be seized and subjected to forfeiture proceedings. Major crypto exchanges include:
Binance
Bybit
Coinbase
OKX
Kraken
MEXC-Global
Gate.io
Cases involving a seizure of Bitcoin or other digital assets often involve a detailed analysis of on-chain data to determine how funds have moved across multiple wallets or blockchains. Sammis Law Firm is experienced in recovering the seized property by litigating on behalf of the claimant.
Attorneys Jason and Leslie Sammis are the founders of Sammis Law Firm and are experienced representing property owners in civil asset forfeiture cases. Our attorneys have been successful in recovering millions of dollars worth of property on behalf of property owners.
If you received a Notice of Seizure of Personal Property or a Notice of Right to Adversarial Preliminary Hearing, you must act quickly!
In state forfeiture cases, you must request an adverse preliminary hearing in writing within 15 days.
In federal cases, you must file a verified claim within 35 days to preserve your rights.
The deadlines are unforgiving.
If a local, state, or federal law enforcement officer seized your property for forfeiture proceedings, we can help you fight to get it all back. We represent clients in asset forfeiture proceedings in both state and federal court, including innocent owners, purchasers for value, lien holders, bailors, and spouses.
Deciding how to get your property back depends on several factors, including:
We created this website to give you more information on how to fight for the return of your property. To discuss your case with an experienced civil asset forfeiture lawyer at Sammis Law Firm.
Contact us for a free and confidential consultation. Fill out the evaluation form on our website or call 813-250-0500.
The first step is figuring out whether the forfeiture is criminal or civil. For criminal asset forfeiture cases, the forfeiture is “in personam,” which means “against the person.” The government must list the property in the indictment against the defendant and show it was used or derived from the crime. If the property is not listed in an indictment, it might later be listed in a bill of particulars.
If no one was arrested for any crime related to the seizure, the case will most likely be civil. For civil asset forfeiture cases, the forfeiture is “in rem,” which means “against the property.” It occurs even if no one is arrested or charged with a crime.
Most seizures for civil asset forfeiture occur at the airport or ports of entry, on the roadway, during the execution of a seizure warrant, from bank accounts, or cryptocurrency trading platforms.
The second step for civil asset forfeiture cases is determining which agency seized the property. Federal agencies that seize property for civil asset forfeiture proceedings include:
The easiest way to determine which agency seized the property is to check any receipt issued at the time of the seizure, which lists the name of the agency that seized it. If you did not receive a receipt at the time of the seizure, your attorney can contact the agency that seized it to request a copy of the receipt.
Additionally, the agency that seized the property must issue a written “notice of seizure” within 60 days of the seizure.
In Florida, state agencies that handle civil asset forfeiture cases include:
Even if a state agency initially seized the property, it might later turn it over to a federal agency if it decides to “adopt” the forfeiture. If so, the case proceeds under federal law instead of state law. Under those circumstances, the federal agency has 90 days to issue the written “notice of seizure” served on all known potential claimants.
The third step is filing a claim with the seizing agency, as state or federal law requires. Some federal forfeitures do not proceed under CAFRA. These non-CAFRA proceedings usually involve violations of import or export laws.
Under federal law, the forfeiture can be handled administratively or judicially. In an administrative forfeiture, the agency decides what happens to the property and whether anything is returned to the owner. Fighting the case in an administrative proceeding requires filing a petition for remission or mitigation.
Instead of letting the agency decide what happens to the property, the owner can opt out of an administrative forfeiture by filing a claim for court action. Filing the claim triggers a 90-day deadline for the government to either return the property to you or file a complaint for forfeiture in the U.S. District Court.
During your free and initial consultation, the attorneys at the Sammis Law Firm can explain why it is better to file a verified claim for court action immediately after the seizure to opt out of administrative forfeiture.
Most federal seizures fall under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA), which provides important protections during judicial actions, including the right to a jury trial. If you substantially prevail in court, the Court is required to order the government to pay your reasonable attorney fees.
Under Florida law, all civil asset forfeiture proceedings are judicial and governed by the Florida Contraband Forfeiture Act (FCFA).
Under FCFA, the agency that seized the property must give you notice of your right to demand an adversarial preliminary hearing within 15 days of receiving notice. You can demand the APH even if the agency never served you with a written notice, but you must act quickly.
If you win the APH, the court will order the agency to pay your reasonable attorney fees. If you do not win the APH, the agency must file a complaint for forfeiture in court. Anyone with standing to contest the forfeiture can file a claim and answer the lawsuit. In Florida, you have the right to a jury trial to decide who gets to keep the property.
If your property was seized for civil or criminal asset forfeiture, contact an experienced attorney at Sammis Law Firm. We can represent you at all stages of the case in state or federal court.
We represent any claimant with standing to contest the forfeiture, including the innocent owner, bailor, bailee, buyer or seller for value, fraud victim, or lien holder. Strict deadlines apply, so contact us immediately after the seizure.
Call 813-250-0500 today.
