Asset Forfeiture Attorney
Protecting What’s Rightfully Yours
Team Lead
Contact NickThe U.S. federal government has extraordinary power to seize or restrain your property, even if you haven’t been charged with a crime.
These actions can be financially devastating and emotionally exhausting. The rules are strict, deadlines are short, and the stakes couldn’t be higher. That’s why working with an experienced asset forfeiture attorney is essential.
At Oberheiden P.C., we help clients across the country challenge wrongful seizures and fight to recover their property before it’s too late.
What Is Asset Forfeiture?
Asset forfeiture allows the government to seize property it believes is connected to criminal activity. Unfortunately, innocent individuals sometimes get caught in the crossfire—especially in asset forfeiture proceedings where property is taken based merely on suspicion rather than proof.
Federal forfeiture laws are complex, and even a small mistake can cost you your assets permanently. An experienced asset forfeiture lawyer can guide you through the process, file the proper motions on time, and protect your rights.
The government uses three primary types of forfeiture:
- Administrative Forfeiture
- Civil Forfeiture
- Criminal Forfeiture
Each type has unique procedures, timelines, and defenses. Here’s what you need to know about each.
Administrative Forfeiture
Federal law enforcement agencies, such as the DEA, FBI, and IRS, can initiate forfeiture proceedings without going to court.
You’ll typically receive a forfeiture notice stating the government’s intent to take your property. To stop the process, you must file a claim under 18 U.S.C. § 983, asserting your ownership interest and verifying it under oath.
Once a claim is filed, the agency must turn the matter over to the U.S. Attorney’s Office. From there, it may become a civil asset forfeiture or a criminal forfeiture case.
Having an experienced asset forfeiture attorney at this stage can make the difference between recovering your property and losing it permanently.
Many clients come to us after the government has already frozen their bank accounts, seized their vehicles, or confiscated their business assets. The sooner we get involved, the more options we have to fight back.
Civil Forfeiture
Civil forfeiture is a lawsuit against the property itself—not the person. You might see cases titled “United States v. $250,000 in U.S. Currency” or “United States v. Real Property at 123 Main Street.”
In these cases, the government must prove by a preponderance of the evidence that the property is connected to a crime. Once they meet that burden, the owner must prove they acquired or maintained the property lawfully and without knowledge of any illegal conduct.
Civil forfeiture can arise from a range of alleged offenses—such as money laundering, drug trafficking, or financial fraud. These asset forfeiture cases can span multiple jurisdictions, including both federal and state courts, depending on the source of the investigation and seizure.
A knowledgeable asset forfeiture lawyer can challenge the government’s evidence, assert your ownership rights, and build a strong defense on your behalf. Our attorneys regularly negotiate with federal agencies and litigate complex forfeiture matters involving cash, real estate, vehicles, digital assets, and business property.
Criminal Forfeiture
Criminal forfeiture is tied directly to a criminal case and targets the defendant personally. The government seeks to forfeit assets as part of sentencing in cases involving a criminal conviction.
However, if the defendant wins at trial, there’s no forfeiture. As a result, prosecutors often file both civil and criminal cases simultaneously.
After sentencing, the court issues a Preliminary Order of Forfeiture. Third parties—like spouses, family members, or business partners—can file claims to assert their ownership interests.
Working with a federal lawyer who understands both the criminal and civil aspects of federal law is crucial in protecting your property and your rights.
We know how federal prosecutors operate and how to dismantle their arguments with factual and legal precision.
Defending Against Asset Forfeiture
Every forfeiture case is different. The best defense depends on when and how the property was acquired, your level of knowledge, and whether the property was actually used in connection with a crime.
Your defense might involve proving:
- You had no knowledge of any illegal activity;
- You purchased the property for fair value, or
- The property wasn’t used to commit a crime.
Our attorneys will analyze the facts, challenge the government’s claims, and work aggressively to recover what’s yours. In some cases, we can negotiate the release of seized property without the need for trial; however, if litigation is necessary, our team has extensive experience in both federal and state courts.
Examples of Property Commonly Seized
The government can seize nearly any property it believes is linked to illegal activity. Common examples include:
- Bank accounts and business funds
- Vehicles, boats, and aircraft
- Homes, land, and commercial real estate
- Computers and digital assets
- Jewelry, artwork, collectibles, and other assets
- Cryptocurrency wallets and online accounts
Even legitimate businesses and innocent owners can become targets. If your assets have been seized, it’s critical to act fast—delays can result in forfeiture by default.
Why You Need Experienced Counsel
Asset forfeiture law combines elements of criminal procedure, civil litigation, and constitutional law. It’s not enough to simply “file paperwork.” You need a strategic defense tailored to your unique circumstances.
An experienced asset forfeiture attorney can:
- Demand disclosure of the government’s evidence
- File motions to suppress illegally obtained evidence
- Challenge improper search warrants or seizures
- Negotiate with federal agencies for the return of property
- Litigate aggressively if the government refuses to settle
At Oberheiden P.C., our lawyers include former federal prosecutors and seasoned trial attorneys who understand how the government builds its forfeiture cases—and how to dismantle them.
FAQs: Asset Forfeiture Defense
What types of property can the government seize?
The federal government can seize cash, vehicles, real estate, bank accounts, business inventory, and even cryptocurrency if it suspects the assets are linked to criminal activity. However, suspicion is not proof—our firm can contest the seizure and demand that the government justify its actions.
How long does the government have to start forfeiture proceedings?
Timing varies by case type. In administrative forfeiture, you may only have 30 days from receiving the forfeiture notice to file a claim. In civil or criminal cases, timelines depend on the investigation and whether charges have been filed. An asset forfeiture lawyer can calculate deadlines and ensure you meet every procedural requirement.
Can I recover property if I was never charged with a crime?
Yes. Many asset forfeiture cases involve innocent owners who were never charged or convicted. In civil asset forfeiture, the government targets the property itself, not the individual. With experienced legal counsel, it’s often possible to recover your property even if you were never part of the underlying investigation.
How does forfeiture relate to money laundering charges?
Forfeiture often accompanies financial crimes like money laundering. The government may allege that funds or property were used to “conceal” or “facilitate” illegal transactions. An experienced asset forfeiture attorney can challenge the link between the alleged crime and the seized property, arguing that the assets were lawfully earned or unrelated to any offense.
What happens if I ignore a forfeiture notice?
Failing to respond to a notice is one of the biggest mistakes you can make. If you don’t respond in time, the property may be automatically forfeited, and you lose the right to challenge it later. Contacting an asset forfeiture law firm immediately ensures that you preserve your claim and start the process of contesting the seizure.
Are asset forfeiture proceedings the same in federal and state courts?
Not exactly. State and federal courts follow different procedures and statutes, but both systems can pursue forfeiture actions. The federal process is governed by laws like 18 U.S.C. § 981 and § 983, while states have their own rules. Our firm regularly represents clients in both jurisdictions to ensure a unified defense strategy.
What role does a federal prosecutor play in asset forfeiture?
A federal prosecutor represents the government and is responsible for proving that your property is connected to criminal activity. At Oberheiden P.C., we know how prosecutors think because many of our attorneys are former federal prosecutors themselves. We use that insight to anticipate government strategy and counter it effectively.
Can forfeiture happen after a criminal conviction?
Yes. In criminal forfeiture, the court may order the forfeiture of property as part of the sentencing process following a conviction. However, the government must still prove a connection between the property and the offense. We can challenge the scope of the forfeiture and protect innocent co-owners or family members whose property interests are at stake.
How do I choose the right asset forfeiture attorney?
Look for a law firm with deep experience in asset forfeiture proceedings, federal litigation, and criminal defense. The right lawyer should understand both the procedural nuances and the high-stakes nature of forfeiture law. Oberheiden P.C. offers exactly that combination—strategic insight, courtroom skill, and nationwide representation.
Talk to a Federal Asset Forfeiture Attorney Today
If your property has been seized or you’ve received notice of a forfeiture action, don’t wait. The clock is ticking, and missing a single deadline could mean losing your property forever.
At Oberheiden P.C., our team understands how to fight government overreach, protect your rights, and pursue the return of your assets. Whether your case involves civil asset forfeiture, money laundering, or property seized after a criminal conviction, we’re ready to step in.
Call today to speak directly with an asset forfeiture attorney who can guide you through the process and fight for your property, your rights, and your future.
