Sammis Law Firm

ATF

ATF Seizure of Property for Forfeiture

The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) seizes and forfeits property used in criminal activity under the Department of Justice’s Asset Forfeiture authority. The property seized for forfeiture by ATF includes U.S. Currency, cryptocurrency, firearms, ammunition, explosives, alcohol, tobacco, vehicles, real property, cell phones, and computer equipment.

ATF’s Asset Forfeiture and Seized Property Branch manages property seized for forfeiture through its Forfeited and Seized Assets Tracking System (FASTRAK). Property seized by ATF is forfeited only after the completion of legal proceedings intended to give any potential claimant due notice and an opportunity to contest the forfeiture.

ATF forfeiture proceedings fall into the following categories:

  • Criminal judicial forfeiture is an action included as part of a criminal prosecution with property subject to forfeiture being listed in the defendant’s indictment.
  • Civil administrative forfeiture is an action that permits the federal seizing agency to forfeit property without judicial involvement and occurs independently of any criminal prosecution.
  • Civil judicial forfeiture is also independent of any criminal prosecution and triggered by:
    • the property owner filing a demand for court action;
    • the property is valued more than $500,000; or
    • the property is real estate.

After an agent with ATF seizes property, the agent will issue you a receipt using ATF Form 3400. Within 60 days after the seizure, any known potential claimant will receive a “notice of seizure.” The notice explains how to file a verified claim with the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), Forfeiture Counsel, Asset Forfeiture & Seized Property Division, 99 New York Avenue., NE, AFSPD Room (3.N.600), Washington, DC 20226.

If you are the owner of the property and wish to contest the forfeiture, you should file a verified claim for court action (sometimes called “early judicial action.”) If you fail to file the claim by the deadline in the notice, then the seized property will be forfeited to the United States.

If you file a claim for court action, ATF no longer gets to decide what happens to the property. Instead, ATF has 90 days to either return the property to its owner or convince an Assistant United States Attorney to file a complaint for forfeiture in the U.S. District Court.

Alternatively, you have the option of filing a petition for remission or mitigation, although by filing a petition, you are not contesting the legality of the seizure or the government’s right to forfeit the property. Instead, you are letting attorneys at ATF make the decision about whether any property will be returned to you.

Lawyer for ATF Seizures for Forfeiture in Florida

The attorneys at Sammis Law Firm represent clients after a seizure for forfeiture by ATF. We can review any paperwork you receive after the seizure, including a receipt or notice of seizure. We can help you decide whether to file a verified claim or petition for remission or mitigation.

If you file a claim for court action, we can help you negotiate with the ATF’s attorneys and an Assistant United States Attorney to get the property back quickly. If they file a complaint for forfeiture in the United States District Court, we can represent you at every stage of the case. If you substantially prevail in court, we can file the appropriate paperwork for the government to reimburse you for the reasonable attorney fees you paid to litigate the case.

We often take cases on a contingency fee basis, which means our client pays nothing unless we recover their property. Our office is located in downtown Tampa, FL, near the Sam M. Gibbons United States Courthouse.

Call 813-250-0500.

This article was last updated on Friday, June 14, 2024.