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Real Property Seizure for Forfeiture

18 U.S.C. § 985(e) requires “[i]f the court authorizes a seizure of real property under subsection (d)(1)(B)(ii), it shall conduct a prompt post-seizure hearing during which the property owner shall have an opportunity to contest the basis for the seizure.”

In turn, 18 U.S.C. § 985(d)(1)(B)(ii) provides: “Real property may be seized prior to the entry of an order of forfeiture if . . . the court . . . makes an ex parte determination that there is probable cause for the forfeiture and that there are exigent circumstances that permit the Government to seize the property without prior notice and an opportunity for the property owner to be heard.”

CAFRA specifically provides that filing a lis pendens “shall not be considered a seizure” under § 985. 18 U.S.C. § 985(b)(2).

Attorneys for Real Property Seizures for Forfeiture

We can help show no exigent circumstances permit the government to seize the property. We can represent you in a post-seizure hearing. 

Our Attorneys

Jason D. Sammis
Leslie M. Sammis

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Asset forfeiture

Types of Assets

Case Results

₿1.19121 BTC

A detective with the Volusia County Sheriff’s Office reportedly obtained a sealed seizure warrant from Circuit Court Judge Joan Anthony. The seizure warrant purportedly allowed the agency to seize 1.19121 BTC from a business owner’s account with Kraken dba Payward Ventures Inc., by ordering... read more »

$159,950

$159,950 Plus Interest Returned by Homeland Security - On September 20, 2019, $181,500.00 in U.S. Currency was seized at the Tampa International Airport before a domestic flight. A federal agent wrote a receipt to our client that said: “MONEY CONTAINED IN 2 BAGS. ESTIMATED... read more »

+$78,000

DEA Seized +$78,000 at the JFK International Airport and Returned All of the Funds: In October 2020, the DEA seized more than $78,000 from a traveler at JFK International Airport. After we were retained, we took steps to preserve any surveillance video of the... read more »

$57,000

CBP Returns $57,000 Seized at the Tampa International Airport: In January 2021, CBP seized $57,000 from a traveler at the Tampa International Airport. Before attempting to board a domestic flight, the traveler was detained and questioned near Gate A. Shortly thereafter, the traveler was... read more »

$500,000 in Bitcoin

Court Orders the Return of $500,000 of Cryptocurrency Seized by a Florida Sheriff’s Office: On June 17, 2025, the Honorable J. Layne Smith, Circuit Judge in Wakulla County, FL, ordered the sheriff’s office to return the seized cryptocurrency, including over $500,000 worth of Bitcoin... read more »

*The case results discussed here do not necssarily reflect the potential outcomes of other cases. The facts and circumstances of each case are unique and must be evaluated and handled on their own merit.

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