Civil Asset Forfeiture

Civil asset forfeiture is a legal process that allows law enforcement agencies to seize assets and property believed to be connected to criminal activity, even if the property owner has not been charged with or convicted of a crime.

Federal civil asset forfeiture proceedings were initially established under the Comprehensive Drug Abuse Prevention and Control Act of 1970 for drug-related crimes. Later, the federal legislature expanded civil asset forfeiture to include a broader range of criminal activities under the Racketeer Influenced and Corrupt Organizations (RICO) Act of 1970.

In 2000, Congress passed the Civil Asset Forfeiture Reform Act (CAFRA) reforms, which shifted the burden of proof to the government to prove the property’s connection to criminal activity by a preponderance of the evidence and allowed property owners to recover attorney’s fees in certain cases.

Property seized for being connected to criminal activity includes cash, cryptocurrency, precious metals, jewelry, vehicles, vessels, aircraft, and real estate.

State Laws for Civil Asset Forfeiture

State laws regarding civil asset forfeiture vary significantly. In Florida, property can be seized for civil asset forfeiture even if no one is arrested for any crime. Civil asset forfeiture cases fall under the Florida Contraband Forfeiture Act (FCFA).