DEA Seizures for Forfeiture
If the Drug Enforcement Administration (DEA) seized your property, we can help you fight back. The DEA has the authority to seize assets if it legally develops probable cause that the property involves criminal activity, including drug trafficking or money laundering.
After DEA seizes the property, they might issue you a receipt immediately. After the seize, DEA is required to issue a “notice of seizure” within 60 days. If the p. The “notice of seizure” is typically sent via certified mail to the person from whom the property was seized and any other known claimants who might have an interest in the property.
The notice of seizure explains the options, including:
- do nothing so the government can keep the property without a fight;
- file a petition for remission or mitigation so DEA can decide what happens to the property; or
- file a claim for court action, which is the ONLY way to contest the legality of the initial seizure and the sufficiency of the evidence.
The attorneys at Sammis Law Firm can help you file a claim for court action immediately after the seizure, even before the notice arrives in the mail.
Act quickly because the claim must be filed within 35 days of the notice of seizure being issued. The deadlines are unforgiving, and many people lose their cases before they begin because they either miss a deadline or fail to include all of the necessary information in the claim for court action.
Attorney for DEA Forfeiture Seizures
The attorneys at Sammis Law Firm are experienced in handling DEA forfeiture cases. We’ve helped clients get back U.S. Currency, vehicles, and other valuable property. We can help you file a claim for court action. We can also help you negotiate the return of the property with an attorney for DEA or an Assistant United States Attorney.
We can make sure your rights are protected. We can also help you gather evidence and present defenses in order to challenge the forfeiture. If the Assistant United States Attorney files a complaint for forfeiture, we can help you file a judicial claim and answer the complaint.
We represent innocent owners, lien holders, sellers for value, bona fide purchasers, and others with a claim to the property. The deadlines for filing a claim are strict, and any delay can jeopardize your chances of getting the property back.
Contact us to learn more about the difference between filing a claim and a petition.
- Filing a claim is the process to contest the forfeiture in U.S. District Court.
- A verified claim must be made under oath and describe your ownership interest in the property.
- Filing a claim is the only way to move the case into the judicial system.
- You have the right to file both a claim and a petition simultaneously to protect all legal avenues.
- File a Petition for Remission or Mitigation is a request for the DEA to “pardon” all or part of the property from forfeiture based on specific facts or documentation you provide.
- Unlike a claim, this is decided by the agency rather than a court.
- Most petitions result in a form letter 10 months later denying any relief, which is why most claimants with standing would be better off filing a verified claim.
If you have already filed a claim, you may request the immediate release of the property during the proceedings if you can prove that the government’s continued possession causes a substantial hardship under 18 U.S.C. Section 983(f)(e.g., the property is your primary means of transportation). To obtain hardship relief, you must prove your legal right to possess the property and show sufficient ties to the community to guarantee the property will be available for trial.
Reach out to an attorney at Sammis Law Firm for a free consultation.
Call 813-250-0500.
Why DEA Seizes Property
The DEA seizes property as part of its efforts to combat drug trafficking and related criminal activities. Under federal law, the DEA has the authority to seize assets they suspect are linked to illegal drug operations. Property seized by DEA might include cash, jewelry, gold, vehicles, vessels, airplanes, real estate, or other valuable items.
DEA uses civil asset forfeiture to disrupt and dismantle criminal organizations by depriving them of their resources. When DEA casts too wide a net, it impacts innocent people.
The procedures for filing a claim for court action are complicated. Many people benefit from having an experienced civil asset forfeiture attorney on their side.
How to File a Claim with DEA
If your property has been seized by the DEA, it is important to act quickly. You have the right to challenge the seizure, but there are strict deadlines to follow. The first step is to file a claim with the DEA to contest the forfeiture.
The right to file a claim for court action is listed in the DEA’s notice of seizure sent within 60 days of the seizure. The notice of seizure gives you only 35 days to file the claim for court action. To avoid missing a deadline, you can file a claim for court action with DEA even before the notice of seizure arrives in the mail.
The claim will describe the property and your interest in the property. The DEA is strict about the format of your submission. Whether you are filing a claim or a petition, the document must be:
- Signed Under Oath: All claims and petitions must be signed under oath and subject to the penalty of perjury.
- Unsworn Statements: If not signed before a notary, the statement must meet the specific requirements for unsworn statements under 28 U.S.C. Section 1746.
You must verify the claim and serve it on DEA. After you file the claim, DEA will acknowledge receiving it.
Filing the claim starts a 60-day deadline for DEA to either return the property or convince an Assistant United States Attorney to file a complaint for forfeiture in the U.S. District Court.
How DEA Publishes Notice of the Seizure for Forfeiture
If your property has been seized by the Drug Enforcement Administration (DEA) and you haven’t received a personal notice via certified mail, you must act quickly to find the official public notification. Under federal law, the DEA is required to publish notices of seizure to allow interested parties the opportunity to contest the forfeiture.Here is what you need to know about how the DEA publishes these notices and how to locate them.
The DEA primarily publishes its legal notices online at www.forfeiture.gov. These notices are typically organized by the date they were first posted. To find your property, you should regularly monitor the website’s “Official Notifications” section, as the clock for your legal deadlines begins ticking from the date of final publication.
When searching through published notices, you will need several pieces of information to confirm a match. DEA notifications are generally categorized by the Federal Judicial District where the seizure occurred. Each listing typically includes:
- Asset ID Number: A unique tracking number (e.g., 26-DEA-XXXXXX).
- Property Description: A specific description, such as the make and model of a vehicle, caliber of a firearm, or the exact amount of U.S. Currency.
- Seizure Details: The date the property was seized and the specific city and state where the seizure took place.
- Owner/Possessor: The name of the individual from whom the property was seized, if known.
- Valuation: The government’s estimated value of the seized asset.
Once you locate the notice for your property, you must pay close attention to the “Last Date to File”. This deadline can vary depending on when the specific notice was first posted. Missing these deadlines often results in the permanent loss of your right to contest the forfeiture.
Adoption of State Seizures by the DEA
The DEA often “adopts” property originally seized by local Florida law enforcement agencies. For example, recent notices show the DEA adopting currency seized by Local Sheriff’s Offices. When the DEA adopts a seizure, the case moves from state procedural rules to the federal rules found in 19 U.S.C. Sections 1602–1619 and 28 C.F.R. Parts 8 and 9.
What DEA Does with Forfeited Property
When the DEA successfully forfeits property, it can be disposed of in several ways. Forfeited assets may be sold, with the proceeds going to law enforcement agencies to fund future investigations and operations. Some property may be retained for official use by the DEA or other government agencies. Additionally, the property may be shared with state and local law enforcement agencies that participated in the investigation leading to the forfeiture.
This article was last updated on Friday, March 20, 2026.
