Federal authorities often seize cash or vehicles without charging the owner with a crime. This process is known as civil asset forfeiture. It is a stressful experience that puts your business and reputation at risk. However, you have specific rights under the Civil Asset Forfeiture Reform Act.
According to the Department of Justice’s Asset Forfeiture Program, the primary goal of these seizures is to disrupt criminal organizations. Unfortunately, legitimate business owners in Atlanta often get caught in the middle. The law requires the government to prove that your property has a substantial connection to an offense.
The federal burden of proof
In a criminal case, the state must prove guilt beyond a reasonable doubt. Civil forfeiture trials use a lower standard. The government must prove by a preponderance of the evidence that the property is subject to forfeiture. This means they must show it is more likely than not that the assets relate to a drug conspiracy or other crime.
If the government meets this initial burden, you can assert an innocent owner defense. You must show you did not know about the illegal conduct. You can also show you took reasonable steps to prevent it. Success often depends on how you challenge the government’s evidence.
The judicial claim process
You must act quickly when the government sends a formal notice of seizure. You typically have 35 days from the date the notice is mailed to file a judicial claim. This is a formal legal step that forces the government to prove its case in a court of law.
Do not confuse a judicial claim with an administrative petition for remission. A petition is a request for mercy from the agency that took your money. Filing a petition often waives your right to a court trial. A judicial claim is the only way to demand a judge or jury hear your case.
Protect your Atlanta business assets
The moment you receive a notice, the clock starts on your response. Missing a deadline can result in the permanent loss of your property. You must review every detail of the government’s allegations to find procedural errors.
Navigating asset seizures requires a strategic approach. You have the right to hold the government to its strict burden of proof. Consider speaking with a local attorney to learn how these laws apply to your case.
