Sammis Law Firm

DEA

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. 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:

  1. do nothing so the government can keep the property without a fight;
  2. file a petition for remission or mitigation so DEA can decide what happens to the property; or
  3. 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.

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. 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.

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 Monday, June 24, 2024.