Greater Baltimore, Maryland / Washington, D.C. Region Federal Forfeiture Lawyers
Nathans & Biddle LLP has a preeminent forfeiture practice headed by Robert Biddle, a nationally recognized expert in the field. Former Co-Chair of the ABA White Collar Crime Committee's Forfeiture Subcommittee, Mr. Biddle has lectured nationally and trained numerous groups of attorneys regarding forfeiture practice and procedure. Nathans & Biddle has successfully represented private individuals, homeowners, realtors, businesses, automobile leasing companies, home health care agencies, and many other individuals and businesses in their efforts to retain property that is rightfully theirs.
Recent Success: In one of the largest federal forfeiture recoveries in Maryland history, Mr. Biddle recovered more than $10,000,000.00 from the federal government on behalf of a foreign corporation.
If a federal forfeiture has been initiated against you or your company, contact Robert Biddle, Esq. today to schedule a confidential consultation.
Federal Forfeitures Proceedings
Below, we have provided a brief description of potential forfeiture proceedings that may assist clients in identifying when to seek legal counsel.
Under federal criminal law, asset forfeiture functions as a tax or penalty upon persons whose property becomes involved with alleged criminal activity. The government is legally entitled to seize such property under a mere suspicion of a connection to misconduct. Qualified counsel can assist by significantly improving the probability of recovering some or all of the value of the property seized.
There are numerous narcotics and non-narcotics federal criminal violations that permit asset forfeiture. Narcotics and money laundering charges are the most common bases to seize and forfeit assets. However, there are other statutes that permit forfeiture. Mail and wire fraud that affects a financial institution, various environmental/hazardous waste violations, certain motor vehicle violations such as altering or removing a vehicle identification number, motor fuel excise tax violations, and many others are all federal predicates for civil and criminal forfeiture proceedings.
Types of Forfeiture Proceedings
The federal government may bring two types of asset forfeiture proceedings - civil or criminal. There are also administrative forfeiture actions.
Federal civil forfeiture proceedings: Involves actions brought directly against particular types of properties, such a parcels of real estate, boats, airplanes, stores, factories, inventory or any type of real or personal property. In general, to prevail in such an action, the government must show probable cause that the property facilitated, or was purchased with the proceeds of, specified unlawful activity. To prevail against the government, the owner of the property, or a claimant, must contest the government's showing of probable cause.
Administrative forfeiture proceedings: A type of civil forfeiture initiated and conducted by law enforcement agencies. Until an administrative forfeiture is contested, and sent to a U.S. Attorney for prosecution, the law enforcement agencies have great autonomy in handling administrative forfeitures
Criminal forfeiture proceedings: Forfeiture sought as part of a criminal proceeding against a particular person. Thus, unlike a federal civil forfeiture action, the criminal forfeiture proceeding is directly connected to a pending criminal prosecution. Under civil or criminal law, a claimant must prove that either he or she is an "innocent owner" or that the property was not involved in criminal activity. Generally, a claimant holding a financial interest in property sought to be seized must show that he or she did not know of any criminal activity relating to the property or that if the claimant had such knowledge, that he or she took all reasonable steps to stop such illegal activity.
Contact Criminal Defense Attorneys at Nathans & Biddle for Asset Protection Services
If the government is considering forfeiture of any of your assets or property, sound legal advice is important to protecting your rights. For more information regarding forfeitures and how we can help you, contact Robert Biddle, Esq. today.
