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. Property seized for being connected to criminal activity includes cash, cryptocurrency, precious metals, jewelry, vehicles, vessels, aircraft, and real estate.
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.
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).
Attorney for Civil Asset Forfeiture Proceedings
If the government has seized your property, the window to file a claim and take action to contest the legality of the forfeiture action is exceptionally short. Strict deadlines apply.
Contact the experienced civil asset forfeiture attorneys at Sammis Law Firm to discuss your defense before the deadline for filing a verified claim, or a petition for remission or mitigation expires.
Call (813) 250-0500.
Statutory Authority for Federal Civil Asset Forfeiture
Federal agencies like the FBI, DEA, and IRS use several “specified unlawful activities” (SUAs) to justify civil seizures under 18 U.S.C. § 981. Common underlying offenses include:
- 18 U.S.C. § 1028 (Identity Theft & Fraud) –
- The government can seize assets if they believe property was used to produce, transfer, or possess false identification documents without lawful authority. This frequently includes high-end electronics, vehicles, or bank accounts allegedly funded by identity theft schemes.
- 18 U.S.C. § 1028(a)(1) makes it a crime, inter alia, to knowingly and without lawful authority produce an identification document, authentication feature, or a false identification document.
- 18 U.S.C. § 1028(a)(7) makes it a crime, inter alia, to knowingly transfer, possess, or use, without lawful authority, a means of identification of another person with the intent to commit, or to aid or abet, or in connection with, any unlawful activity that constitutes a violation of Federal law.
- The term “means of identification” is defined in 18 U.S.C. § 1028(d)(7) and includes, inter alia, name, social security number, date of birth, official State or government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number.
- 18 U.S.C. § 1030 (Computer Fraud and Abuse) –
- Forfeiture is authorized for property obtained through unauthorized access to a “protected computer” that requires the accused “exceeded authorized access” as opposed to simply using authorized access for an improper purpose.
- 18 U.S.C. § 1030(a)(2)(C) makes it a crime, inter alia, to intentionally access a computer without authorization and thereby obtain information from any protected computer.
- 18 U.S.C. § 1030(a)(4) makes it a crime, inter alia, to knowingly and with intent to defraud, access a protected computer without authorization, and by means of such conduct further the intended fraud and obtain anything of value.
- The term “protected computer” is defined in 18 U.S.C. § 1030(e)(2) and includes, inter alia, a computer used in or affecting interstate or foreign commerce or communication, including a computer located outside the United States that is used in a manner that affects interstate or foreign commerce or communication of the United States.
- In Van Buren v. United States, 141 S. Ct. 1648, 1652 (2021), the court defined protected computer under 18 U.S.C. § 1030(e)(2)(B) to include “at a minimum . . . all computers that connect to the Internet”).
- 18 U.S.C. § 371 prohibits a conspiracy to commit an offense or to defraud the United States, including violations of 18 U.S.C. § 1028(a)(7) and 1030(a)(2).
- 18 U.S.C. § 1343 (Wire Fraud) –
- The “catch-all” for many federal seizures includes any money or property obtained through a scheme to defraud involving wire communications (including internet transfers and emails) is subject to forfeiture.
- 18 U.S.C. § 1343 makes it a crime for anyone, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, to transmit or cause to be transmitted by means of wire, radio, or television communication in interstate or foreign commerce, any writings, signs, signals, pictures, or sounds for the purpose of executing such scheme or artifice.
- 18 U.S.C. § 1349 prohibits the attempt or conspiracy of a violation of 18 U.S.C. § 1343.
- 18 U.S.C. § 1956 (Money Laundering) – The government often pursues “promotional” or “concealment” money laundering charges to seize entire businesses or complex investment portfolios. We often defend these by challenging the government’s definition of “proceeds” versus “gross receipts.”
- 18 U.S.C. § 1956(a)(1)(A)(i) makes it a crime to conduct or attempt to conduct a financial transaction, knowing that the property involved in the transaction represents the proceeds of some form of unlawful activity, and which in fact involves the proceeds of specified unlawful activity, with the intent to promote the carrying on of specified unlawful activity. This offense is sometimes referred to as promotional money laundering.
- 18 U.S.C. § 1956(a)(1)(B)(i) makes it a crime to conduct or attempt to conduct a financial transaction, knowing that the property involved in the transaction represents the proceeds of some form of unlawful activity, and which in fact involves the proceeds of specified unlawful activity, knowing that the transaction is designed in whole or in part to conceal or disguise the nature, the location, the source, the ownership, or the control of the proceeds of specified unlawful activity. This offense is sometimes referred to as concealment money laundering.
- The term “specified unlawful activity” is defined in 18 U.S.C. §§ 1956(c)(7) and 1961(1).
- 18 U.S.C. § 1956(h) criminalizes a conspiracy to violate § 1956.
The “Innocent Owner” Defense
Pursuant to the civil forfeiture statute, “[a]n innocent owner’s interest in property shall not be forfeited under any civil forfeiture statute.” 18 U.S.C. § 983(d)(1). “The claimant shall have the burden of proving that the claimant is an innocent owner by a preponderance of the evidence.” Id.
Under 18 U.S.C. § 983(d), you can defeat a forfeiture action by proving you are an Innocent Owner. To prevail, you must show:
- You did not know of the conduct giving rise to the forfeiture; or
- Upon learning of the conduct, you did all that could reasonably be expected to terminate the illegal use of the property.
With respect to a property interest acquired after the conduct giving rise to the forfeiture has taken place, the term “innocent owner” means a person who, at the time that person acquired the interest in the property-
- was a bona fide purchaser or seller for value (including a purchaser or seller of goods or services for value); and
- did not know and was reasonably without cause to believe that the property was subject to forfeiture.
Id. Section 983 does not define “a bona fide purchaser or seller for value.”
In cases involving cryptocurrency, this often involves proving that your funds were co-mingled in an exchange account and that you had no knowledge of the illicit “source” of other funds in the same pool.
Additional Resources
DOJ Asset Forfeiture Policy Manual (2025 Edition) – View the latest federal policies governing seizures and publication requirements.
Florida Statute § 932.703 – Read the full text of the Florida Contraband Forfeiture Act regarding the seizure of vessels, vehicles, and aircraft.
This article was last updated on Friday, March 20, 2026.
