Federal Civil Asset Forfeiture

Federal civil asset forfeiture allows the government to seize property it believes is connected to criminal activity—even if the owner is never charged with a crime. These cases are in rem proceedings, meaning the lawsuit is filed against the property itself, not the person.

Under federal law, agencies like the DEA, FBI, IRS, CBP, and ATF can seize assets they claim were involved in drug trafficking, money laundering, fraud, or customs violations. The United States Attorney’s Office then files a forfeiture complaint naming the seized property as the defendant.

The Assistant United States Attorney often relies on the following statutes and provisions in federal civil asset forfeiture proceedings:

• 21 U.S.C. § 881(a)(6): Property traceable to drug trafficking;
• 18 U.S.C. § 981: Property connected to money laundering and fraud; and
• 19 U.S.C. §§ 1602–1619: Customs-related forfeitures.
• 28 C.F.R. Parts 8 & 9: DOJ forfeiture regulations

In civil asset forfeiture cases filed under federal law, the government only needs to prove its case by a preponderance of the evidence—a lower standard than “beyond a reasonable doubt.”

Attorneys for Federal Asset Forfeiture Procedings

At Sammis Law Firm in Tampa, our attorneys represent clients across Florida and partner with law firms nationwide to challenge federal forfeitures. We focus on both federal and state forfeiture cases. We help clients get back valuable property including:

• Cash and U.S. Currency
• Cryptocurrency (Bitcoin, Ethereum, Tether, etc.)
• Vehicles, vessels, and aircraft
• Real estate and financial accounts

If federal agents seized your property, do not rely on administrative petitions before speaking with a lawyer. In most cases, your best option is to demand court review immediately.

Call 813-250-0500 to schedule a consultation.

Who Can File a Claim to Get the Seized Property Back?

Anyone with a legitimate interest in the property may file a claim, including:

• Owners of the seized property
• Innocent owners who purchased it for value
• Lawful possessors (e.g., a courier entrusted with funds)
• Lienholders or those with a valid security interest

At the pleading stage, you must file a verified claim under penalty of perjury. Missing deadlines or filing incorrectly can cause your claim to be stricken.

How to Contest a Federal Forfeiture

Once a forfeiture complaint is filed, a claimant can:

• File a motion to dismiss if the AUSA missed a CAFRA deadline.
• File a verified judicial claim and answer to the forfeiture complaint;
• Raise affirmative defenses such as innocent ownership or lack of probable cause.
• Challenge the forfeiture under the Excessive Fines Clause of the Eighth Amendment.

Because these cases move quickly, you should consult with an attorney as soon as possible to preserve your rights.

Agencies That Handle Federal Seizures

Several federal agencies have the authority to seize assets, including the following:

• DEA – Drug Enforcement Administration
• FBI – Federal Bureau of Investigation
• IRS – Internal Revenue Service
• CBP – Customs and Border Protection
• ATF – Bureau of Alcohol, Tobacco, Firearms & Explosives
• USPIS – U.S. Postal Inspection Service
• USSS – U.S. Secret Service
• USAO – United States Attorney’s Office

Administrative vs. Judicial Forfeiture

Administrative forfeiture occurs when the seizing agency (DEA, FBI, CBP, etc.) keeps the property without filing a court case. It applies mostly to currency, cars, and personal property. Under 18 U.S.C. § 983, once administrative proceedings begin, the owner can stop the process by filing a claim. This forces the government to take the case to federal court.

If a claim is filed, the U.S. Attorney’s Office must:

• File a civil complaint for forfeiture within 90 days; or
• Require the agency to return the property to the claimant.

Failure to meet CAFRA deadlines may allow a claimant to file a motion to dismiss.

Agencies often encourage owners to file petitions for “remission” or “mitigation.” These requests rarely succeed and usually waive your right to court review. In most cases, the best option is to demand early judicial intervention by filing a verified claim.

Notice Requirements in Federal Asset Forfeiture Proceedings

Under Supplemental Rule G, the government must:

• Publish notice of the forfeiture action
• Send a direct personal notice to any known potential claimant
• Identify deadlines for filing a verified claim and answer

If notice is not given correctly, an owner might move to set aside the forfeiture under 18 U.S.C. § 983(e).

To file a verified claim, the Claimant must:

• Identify the property
• Identify the claimant and their interest
• Be signed under penalty of perjury
• Be filed within the strict deadlines (typically 30–60 days).

Violations Triggering Federal Asset Forfeiture

In financial crime investigations, including those conducted by federal agencies, the property might be seized for one of the following violations:

• 18 U.S.C. § 1343 (Wire Fraud):
  • This statute makes it a federal crime to use “wire, radio, or television communication in interstate or foreign commerce” as part of a scheme to defraud.
  • This is a very broad law and is a common charge in cases involving online scams, telemarketing fraud, and other financial schemes that use electronic communication.
  • A person can be charged with wire fraud for transmitting a fraudulent email, making a deceptive phone call, or using an online platform to carry out a scheme.
  • Any assets obtained through this fraudulent activity, as well as property used to facilitate it (e.g., computers, bank accounts), are subject to forfeiture.
• 18 U.S.C. § 1349 (Attempt and Conspiracy):
  • This is not a standalone crime but an inchoate offense that relates to the other statutes in Chapter 63 of Title 18, which includes mail fraud and wire fraud.
  • This statute allows prosecutors to charge and penalize an individual for attempting or conspiring to commit an offense under that chapter.
  • The penalties for attempt or conspiracy are the same as the penalties for the underlying offense.
  • This is a crucial tool for law enforcement because it allows them to charge individuals who planned a crime, even if it was never successfully completed.
• 18 U.S.C. § 1956 (Money Laundering):
  • This is one of the primary federal money laundering statutes.
  • It criminalizes engaging in financial transactions with the proceeds of “specified unlawful activities” (which include many federal crimes, such as wire fraud).
  • The government must prove that the defendant conducted the transaction with a specific intent, such as:
    • To promote the continuation of the specified unlawful activity.
    • To conceal or disguise the nature, location, source, ownership, or control of the proceeds.
    • To avoid a state or federal transaction reporting requirement.
  • Forfeiture under this statute is extensive, as it can target the criminally derived proceeds, as well as any property “involved” in the money laundering transaction.
• 18 U.S.C. § 1957 (Monetary Transactions in Criminally Derived Property):
  • This statute is a companion to Section 1956 and is often referred to as “simple money laundering.”
  • It makes it a crime to knowingly engage in a monetary transaction of more than $10,000 using property derived from “specified unlawful activity.”
  • Unlike Section 1956, the government does not need to prove that the defendant intended to conceal the money or promote the crime.
  • The act of engaging in the transaction with the knowledge that the funds are criminally derived is sufficient.
  • This statute is frequently used in cases where prosecutors can prove the defendant’s knowledge of the illegal source of the funds but cannot prove the intent to conceal or promote.
  • Assets involved in a violation of this statute are also subject to forfeiture.

Read more about forfeitures in federal money laundering cases.

In Rem Civil Forfeiture Actions

In a civil forfeiture action, the government files suit against property rather than against a person. In Via Mat International South America, Ltd. v. United States, 446 F.3d 1258, 1264 (11th Cir. 2006), the court found: “[A] civil forfeiture proceeding is not an action against the claimant but rather is an in rem action against the property.”) (citation omitted).

Parties who may have an interest in the property may intervene in the action as claimants to protect their interest. In United States v. All Funds in Account Nos. 747.034/278 (Banco Español de Credito), 295 F.3d 23, 25, 353 U.S. App. D.C. 23 (D.C. Cir. 2002), the court explained that “[c]ivil forfeiture actions are brought against property, not people. The owner of the property may intervene to protect his interest.”

“In rem forfeiture actions are governed by Rule G of the [Supplemental Rules] and the Civil Asset Forfeiture Reform Act of 2000,” (“CAFRA”) 18 U.S.C. § 981 et seq. See United States v. Vazquez-Alvarez, 760 F.3d 193, 197 (2d Cir. 2014).

“The Federal Rules of Civil Procedure also apply to [civil forfeiture] proceedings except to the extent that they are inconsistent with the[] Supplemental Rules.” Supp. R. A(2); accord United States v. Four Hundred Seventeen Thousand, One Hundred Forty-Three Dollars & Forty-Eight Cents ($417,143.48), No. 13-CV-5567, 2015 U.S. Dist. LEXIS 117692, 2015 WL 5178121, at *4 (E.D.N.Y. Sept. 2, 2015), aff’d sub nom. United States v. $417,413.48, Four Hundred Seventeen Thousand, One Hundred Forty-Three Dollars & Forty-Eight Cents, 682 Fed. Appx. 17 (2d Cir. 2017).

This article was last updated on Friday, August 22, 2025.