When a Federal Raid Turns Into Asset Forfeiture
A federal raid by agencies like the FBI, DEA, or IRS is one of the most intense ways a person can encounter asset forfeiture. In a raid, armed agents execute a search warrant at a home, business, or storage facility, looking for evidence of a crime. What many don’t realize is that during these raids, agents often seize property on the spot – not only obvious contraband, but also cash, cars, electronics, safes, and other valuables. If they suspect those assets are connected to illegal activity, the government can hold them and later seek forfeiture. Crucially, this can happen even if the property owner isn’t charged with any crime. The raid itself is tied to an investigation, but seizure does not equal guilt.
Under federal law (for example, 21 U.S.C. § 881 for drug cases), authorities are empowered to confiscate assets believed to be involved in crime. They can seize first and force the owner to fight for return later. This is dramatically illustrated by a recent case out of Beverly Hills, California, where hundreds of people’s property was taken in a single raid:
Case Spotlight: The Beverly Hills Safe Deposit Box Raid
In March 2021, the FBI raided a business called U.S. Private Vaults in Beverly Hills, suspecting it of money laundering. The warrant allowed the FBI to seize the business’s records and inventory any safe deposit boxes at the site – but not to seize box contents outright from box holders who were not implicated. Despite that limitation, agents cracked open about 1,400 private safe deposit boxes and helped themselves to the contents. They walked out with over $86 million in cash and valuables – from gold and jewelry to stacks of cash – much of it belonging to people never accused of any crime.
It later came to light that this was not a one-off mistake by a few agents; it was part of an official plan. Evidence showed the FBI planned from the start to use civil forfeiture to keep the box contents, even though they didn’t tell the judge that when obtaining the warrant. In other words, the raid on the business was also a “smash-and-grab” of private citizens’ property. Many of those citizens were truly innocent – they just rented a safe deposit box there and suddenly had their life savings taken.
The fallout has been significant. Some victims had to submit to FBI investigations or file legal challenges to get their belongings back. A class-action lawsuit ensued, arguing the FBI violated Fourth Amendment rights (freedom from unreasonable searches and seizures). In early 2024, a federal appeals court (Ninth Circuit) issued a blistering ruling: it found the FBI’s actions unconstitutional, saying the seizure of 700+ boxes went beyond what the warrant allowed and violated the Fourth Amendment. The court noted that the FBI’s assurance it would only “inventory” boxes was false, and searching and seizing items from uninvolved parties was unlawful. This case is a prime example of how a federal raid can morph into a wide-ranging forfeiture dragnet – and why courts are now pushing back.
Common Targets in Federal Raids
While the Beverly Hills case was unusual in scale, the pattern of federal raids leading to forfeiture is common. Typical scenarios include:
- Drug Task Force Raids: The DEA or FBI might raid a suspected drug house or a grow operation. They will seize obvious contraband (drugs) but also cash, cars, firearms, and even homes believed to be bought with drug money or used in the operation.
- White Collar Crime Raids: In fraud or embezzlement investigations, agents may raid an office or home and seize financial records, computers, and funds from bank accounts (via freeze orders). If you’re an employee or family member, your property might get caught up if commingled with the suspect’s assets.
- ATF Raids: In firearms or alcohol/tobacco smuggling cases, the ATF might seize not only illegal weapons but also vehicles or real estate tied to the alleged scheme.
- Federal “Equitable Sharing” Seizures: Sometimes, local police execute a search warrant but partner with federal agencies to use federal forfeiture laws (which are often more government-friendly). Through the Equitable Sharing program, local and federal authorities divvy up the seized assets’ proceeds. This gives locals an incentive to hand raids over to feds for forfeiture purposes a practice critics say encourages “policing for profit.”
Your Rights and How to Respond to a Raid
Enduring a federal raid is traumatic, but it’s important to remember that you have rights before, during, and after the raid:
- Before (Preparation): You might not expect a raid, but if you’re involved in a high-risk business (e.g. cannabis industry, crypto trading, etc.), it doesn’t hurt to be prepared. Keep records organized – if agents come with a warrant, being able to quickly show documentation of legitimate income or ownership might prevent them from grabbing certain items. Consider having a lawyer on call if you anticipate any legal trouble.
- During the Raid: If agents arrive with a search warrant, remain calm and polite. Do not interfere physically with their search – that can lead to your arrest. You can (and should) ask to see the warrant; read what areas/things it covers. If they go beyond its scope, politely object on the record (for later use in court). It’s wise to record video of the raid if allowed, or at least take notes of names and actions of officers. You have the right to remain silent – you do not have to answer questions without a lawyer. Definitely do not sign any documents waiving your rights or consenting to forfeiture. Sometimes agents might ask you to sign a form abandoning property – refuse to sign.
- After the Raid – Seizure Notice: Usually, after seizing property, agents will leave behind or mail you a seizure notice or receipt. This document is crucial. It tells you what was taken and often lists a case number and contact. It should also mention your deadline to contest the forfeiture. Under federal law, once you get a formal notice (which might come days or weeks later), you often have 30 days to respond with a claim. Mark this date and do not miss it.
- Hire an Attorney Immediately: Time to call a lawyer. A knowledgeable forfeiture attorney can contact the U.S. Attorney’s Office to clarify the status of your property (administrative forfeiture or judicial case, etc.) and negotiate or file claims. If the raid didn’t result in criminal charges against you, you’re looking at a civil forfeiture fight – which in some ways is harder because you don’t get a public defender or speedy trial. Legal counsel is your best bet to get your assets returned.
- Document Your Losses: Create a detailed inventory of what you believe was seized (compare with the receipt). Note any essential property taken (e.g., work computer, vehicle) – sometimes attorneys can request the most essential items be returned sooner, especially if the impact on you is severe and the item is not inherently illicit.
Fighting Forfeiture After a Federal Raid
Once your property is seized in a raid, recovering it involves formal legal processes:
- Filing a Claim: As mentioned, file the claim to contest the forfeiture with the agency or court by the deadline. This claim is a simple statement of ownership and intent to fight for the property in court. Filing it shifts the process from an administrative seizure to a court case where the government must prove its case.
- Court Proceedings: In federal court, the case will be titled something like United States v. [Your Asset] (for example, United States v. $50,000 Cash or United States v. 2018 BMW 3 Series). The burden is initially on the government to show probable cause that the asset is linked to a crime. They often cite the circumstances of the raid, perhaps an affidavit claiming “money found next to drugs” or “car used to transport illicit goods.” Your attorney can challenge this with evidence to the contrary. If you were not charged, that’s a strong point in your favor – emphasize that no criminal charges were filed despite the raid, suggesting a lack of evidence of your wrongdoing.
- Constitutional Challenges: Cases like the Beverly Hills raid show that courts can be sympathetic to overreach. Your lawyer may argue constitutional violations – e.g., the search or seizure exceeded the warrant (a Fourth Amendment issue), or that keeping your property for an extended time without a hearing violates due process (a Fifth Amendment issue). Even if these arguments don’t win outright, they put pressure on the government to settle or return items.
- Negotiation and Settlement: In many forfeiture cases, the government may offer to settle – for example, returning some money if you forfeit a portion. Each case is unique; innocent owners will want to push for full return. If the government’s case is weak, they might drop it entirely when faced with a determined opposition.
- Possible Criminal Charges: Be aware that fighting the forfeiture could sometimes provoke criminal charges if the government feels it has a case and wants to pressure you. Consult with your attorney about this risk. In the vast majority of cases where you truly did nothing wrong, charges never materialize – the worst you face is the civil action itself.
Learnings from the FBI Safe Box Raid: One positive outcome of that saga is awareness. The public and judges are now more aware that innocent people can get swept up in raids. As a result, we may see tighter oversight on how warrants are executed and more skepticism from courts when the government tries to forfeit property from people peripherally connected (or not connected at all) to the target of a raid.
Already, as noted, the Ninth Circuit Court of Appeals not only ruled the safe deposit seizures unconstitutional but also highlighted how the government initially refused to return property to owners not charged, then backtracked. This embarrassment for the FBI and DOJ could make agencies a bit more careful. But ultimately, it’s up to individuals to assert their rights.
Conclusion: Don’t Let a Raid Ruin You
If federal agents have raided your property and taken your possessions, it’s easy to feel helpless – but you do have recourse. The government can’t just keep your stuff without justification. By understanding the process and aggressively contesting an unjust forfeiture, you can level the playing field. The key is timely action and skilled legal representation. Federal raids are daunting, but the law still provides ways for you to get your property back, especially if you’ve done nothing wrong.
Call to Action:
Were you the target of a federal raid or did agents seize your belongings as “evidence” or “proceeds” of a crime you’re not even charged with? Don’t wait and hope for the best – take action. Contact Sebastian Rucci, a veteran asset forfeiture attorney, to fight for the return of your property. We know the tactics federal agents use and how to challenge them in court. Call 330-720-0398 for a confidential, free consultation and get the experienced advocacy you need to reclaim what’s yours.
Ultimate Guide to Cryptocurrency and Civil Asset Forfeiture in the United States
Ultimate Guide to Cryptocurrency and Civil Asset Forfeiture in the United States
Cryptocurrency was built to be decentralized, private, and secure-but that doesn’t stop
governments from seizing it. Across the U.S., law enforcement agencies are aggressively
pursuing civil asset forfeiture of Bitcoin, Ethereum, NFTs, and other digital assets-often without
filing criminal charges. If your crypto wallet was frozen or your exchange account drained,
you’re not alone. This guide will walk you through how cryptocurrency forfeiture works, your
rights, and how to fight back.
Whether you’re an investor, miner, trader, or startup founder, you need to understand the
legal risks-and defenses-surrounding digital asset seizures.
What Is Civil Asset Forfeiture?
In a civil forfeiture case, the government doesn’t accuse a person of a crime-it targets the
property itself. That means your crypto can be seized based solely on suspicion that
it’s connected to illegal activity.
Unlike criminal forfeiture, which follows a conviction, civil forfeiture actions can occur without
charges or trials. Federal and state authorities use laws like 21 U.S.C. § 881
to seize “proceeds of crime,” which increasingly includes digital wallets and crypto exchange
accounts.
Common Crypto Forfeiture Triggers:
If your wallet was involved in any of these-even peripherally-you could face a seizure
notice.
How Is Cryptocurrency Seized?
Unlike physical cash, crypto is often seized through software, subpoenas, and account
freezes. Here’s how it typically happens:
Kraken, etc. Your funds are frozen or transferred to a government wallet.
hardware wallets or pressure you to provide seed phrases.
enforcement gains access (e.g., during a raid), your funds can be moved instantly.
Once the government has custody, you’ll receive a forfeiture notice with a strict deadline to
file a claim. Miss it, and your assets may be lost permanently.
Your Rights in a Crypto Forfeiture Case
The U.S. Constitution guarantees due process-but civil forfeiture often skirts these
protections. You are not entitled to a public defender, and timelines are short.
(per 28 CFR §
8.10).
review.
If you’re an “innocent owner,” meaning you did not know or consent to the illegal use of your
assets, you may have a strong defense-but the burden is on you to prove it.
Real Examples: How the Government Seizes Crypto
from a New York couple accused of laundering stolen funds.
in crypto from fraudulent investment platforms-some seized without returning to rightful owners
yet.
on smart contract wallets used in staking or farming platforms.
Law enforcement is increasingly capable of tracking wallet flows and linking public
addresses to real-world identities via KYC data and analytics firms like Chainalysis or TRM
Labs.
How to Fight Back
claim quickly.
legal and technical knowledge. We handle both.
mining income, etc. The clearer the paper trail, the stronger your case.
the government to justify the seizure in court.
Our Articles page contains specific how-to
guides for CBP claims, DEA notices, and crypto wallet defense strategy.
Related Articles
Recover Seized Bitcoin or NFTs?
Can You
Enforcement Tracks Your Wallet
in the Digital Age
Conclusion: Crypto Isn’t Immune-But You Have Options
Policing for Profit
The government may seize your digital assets-but that doesn’t mean you’re guilty or
powerless. With the right legal tools, documentation, and defense strategy, you can fight back
and reclaim what’s rightfully yours. Whether it’s Bitcoin, Ethereum, NFTs, or stablecoins-don’t
let silence become surrender.
Call to Action
Has your crypto wallet been seized or frozen? Don’t wait. The deadlines are real and so
are your chances of recovery. Contact ForfeitureUSA today for a free, confidential case review.
Call 330-720-0398 or visit our
Contact page to get started.
Due Process in Civil Forfeiture: Are Property Owners’ Rights Protected?
Why Due Process Matters in Civil Forfeiture
“Due process” is the constitutional guarantee that the government will not deprive you of life, liberty, or property without fair procedures. In criminal law, due process means you get things like a speedy trial, the right to an attorney, and the presumption of innocence. In civil asset forfeiture, however, the process is skewed: the case is against your property, not you, so many of the usual protections don’t automatically apply. Police can seize your cash, car, or home on suspicion of a crime, yet you might not get a hearing for over a year while the government holds your property. You aren’t entitled to a public defender, and the burden may fall on you to prove the property is “innocent.” This raises a fundamental question: Are property owners being treated fairly?
Over the years, courts and commentators have increasingly voiced concerns that civil forfeiture lacks adequate due process. Without proper checks, forfeiture can become “punishment first, due process later” – or never. Imagine having your life savings seized and having to wait months or more just to plead your case, all while bills mount and you struggle without your money or vehicle. That delay and imbalance can effectively deny justice, even if you eventually win.
No Prompt Hearing? The Supreme Court’s 2024 Decision
A critical aspect of due process is the right to a prompt post-seizure hearing. If the police take your property, should you quickly get in front of a judge to challenge the seizure? Many would say yes – otherwise the government could hold things indefinitely, even if the seizure was baseless. However, in May 2024, the U.S. Supreme Court delivered a setback to those hoping for a constitutional right to a speedy hearing. In the case Culley v. Marshall, two women (as innocent owners of cars used by others in crimes) argued that Alabama’s lack of any prompt post-seizure hearing violated their due process rights. The Court ruled 6-3 against them. Justice Kavanaugh, writing for the majority, said that as long as the state provides a “timely” final forfeiture proceeding, the Constitution does not require a separate preliminary hearing to determine if the police can keep the property in the meantime. In short, owners have to wait for the main event; there is no inherent right to an early intervention by a judge.
This decision disappointed reform advocates. The Institute for Justice, which filed a brief for the owners, called the ruling “a big loss for private property rights,” warning that it means many owners will “never get their day in court when it could do them some good – shortly after the seizure”. Indeed, if the government can hold your car for a year or two before the case ends, you might win in the end, but the victory is hollow – you needed the car last year to get to work. The dissenting justices in Culley (the Court’s three liberal members) and even some concurring conservatives acknowledged that civil forfeiture’s fairness issues are troubling. However, the majority deferred to precedent and left reform to legislators.
Delayed Justice: How Long Can They Keep Your Property?
Without a right to a quick hearing, how long might an owner wait? It varies:
The Result: It’s possible for you to be without your property for a very long time without a conviction, or even without any charges. This situation flips the script of “speedy trial” – in forfeiture, the government has less pressure to move fast, because the property is essentially taken out of circulation (and often earning interest for law enforcement accounts). From the owner’s perspective, justice delayed is justice denied.
Reform Efforts: Ensuring Fairness and Accountability
The outcry over due process in forfeiture has led to growing bipartisan agreement that reforms are needed. Here are some of the notable efforts and ideas to restore balance:
How You Can Protect Your Rights
Given the current state of the law, what can an individual do to inject some due process into their forfeiture fight?
Conclusion: Balancing Justice and Property Rights
Civil forfeiture pits the power of the state against the rights of individuals in a unique way – the police can take now and ask questions later. Due process is what keeps that power in check. While recent court decisions like Culley show that the fight for stronger protections isn’t over, there is cause for optimism as bipartisan reforms gain traction and public awareness grows. If you are caught up in a forfeiture case, understanding your due process rights (and how to assert them) can make the difference between a quick return of property and a long, unjust ordeal.
Call to Action:
Do you feel the government is dragging its feet while holding your money or property? Worried that your rights are being overlooked in a forfeiture case? Contact Sebastian Rucci to stand up for your due process rights. We are actively engaged in the fight for fair treatment of property owners and stay on top of the latest legal developments. Sebastian can press the courts and prosecutors for timely action and make sure your voice is heard. Don’t let bureaucratic delays or lack of counsel put you at a disadvantage – call 330-720-0398 for a free consultation and let us help you get the justice you deserve.
Cryptocurrency Forfeiture: When the Government Seizes Digital Assets
Crypto: The New Frontier of Asset Forfeiture
Over the past decade, cryptocurrency has evolved from a niche tech curiosity to a major financial asset – and with that rise comes attention from law enforcement. Bitcoin, Ethereum, and other digital coins are now routinely seized by government agencies in both criminal and civil forfeiture actions. In fact, by 2025 law enforcement agencies (often with the help of blockchain analytics companies) have seized or frozen approximately $12.6 billion worth of cryptocurrency worldwide. This astonishing figure shows how big crypto forfeiture has become.
Why are governments so interested in crypto? On one hand, cryptocurrencies are used by bad actors – from ransomware gangs and dark web drug dealers to fraudsters – because of the semi-anonymity and ease of cross-border transfer. On the other hand, every crypto transaction is recorded on a blockchain, which can actually make it easier to trace illicit funds compared to cash. Agencies have realized that “follow the money” works in crypto, too, and they are getting more sophisticated at tracking and grabbing digital loot.
How Does the Government Seize Cryptocurrency?
Seizing crypto is different from seizing physical assets, but the legal framework is similar. If agents believe your digital assets are connected to illegal activity (say, part of a money laundering scheme or obtained via fraud), they can get a warrant or court order to seize those assets. Here’s how it typically happens:
Legally, once in government custody, crypto is treated as property subject to forfeiture similar to cash. One big difference: crypto’s value can fluctuate wildly. This raises questions – if your $50k in Bitcoin was seized and by the time of the court hearing it’s worth $80k (or $20k), that volatility can matter. Typically, if returned, you get the amount of crypto back (not its original USD value), so you assume the market risk during the seizure period.
High-Profile Cryptocurrency Seizures
To understand what’s at stake, consider some high-profile cases and uses of crypto forfeiture:
Legal Gray Areas and Owner Protections
Cryptocurrency is a relatively new type of asset, and the law is evolving. Some points to consider:
What To Do If Your Crypto Is Seized or Frozen
If you discover that your cryptocurrency has been seized by the government (or an exchange informs you of a law enforcement action), take these steps:
Conclusion: Stay Ahead in the Crypto Game
Cryptocurrency forfeiture is here to stay. For law enforcement, crypto is just another asset class – one that can now be traced and taken. For owners, the key is to stay transparent and compliant to avoid looking like a target. But if despite that, your digital assets are seized, remember that you have the same rights to contest as with any property. The intersection of crypto and forfeiture law is new ground, and with experienced counsel, you can mount a strong defense, sometimes even leveraging the government’s limited understanding of the technology to your advantage.
Call to Action:
Has the government frozen your crypto wallet or seized your digital currency? Don’t assume there’s nothing to be done. Our firm understands both the technology and the law behind cryptocurrency forfeiture. Reach out to Sebastian Rucci for a consultation. We’ll help you navigate the legal process to unfreeze your assets or fight the forfeiture in court. Your bitcoins and tokens are valuable – protect them. Call 330-720-0398 to discuss how we can help recover your seized crypto.
Federal Raids and Asset Forfeiture: What Happens When the Feds Seize Your Property
When a Federal Raid Turns Into Asset Forfeiture
A federal raid by agencies like the FBI, DEA, or IRS is one of the most intense ways a person can encounter asset forfeiture. In a raid, armed agents execute a search warrant at a home, business, or storage facility, looking for evidence of a crime. What many don’t realize is that during these raids, agents often seize property on the spot – not only obvious contraband, but also cash, cars, electronics, safes, and other valuables. If they suspect those assets are connected to illegal activity, the government can hold them and later seek forfeiture. Crucially, this can happen even if the property owner isn’t charged with any crime. The raid itself is tied to an investigation, but seizure does not equal guilt.
Under federal law (for example, 21 U.S.C. § 881 for drug cases), authorities are empowered to confiscate assets believed to be involved in crime. They can seize first and force the owner to fight for return later. This is dramatically illustrated by a recent case out of Beverly Hills, California, where hundreds of people’s property was taken in a single raid:
Case Spotlight: The Beverly Hills Safe Deposit Box Raid
In March 2021, the FBI raided a business called U.S. Private Vaults in Beverly Hills, suspecting it of money laundering. The warrant allowed the FBI to seize the business’s records and inventory any safe deposit boxes at the site – but not to seize box contents outright from box holders who were not implicated. Despite that limitation, agents cracked open about 1,400 private safe deposit boxes and helped themselves to the contents. They walked out with over $86 million in cash and valuables – from gold and jewelry to stacks of cash – much of it belonging to people never accused of any crime.
It later came to light that this was not a one-off mistake by a few agents; it was part of an official plan. Evidence showed the FBI planned from the start to use civil forfeiture to keep the box contents, even though they didn’t tell the judge that when obtaining the warrant. In other words, the raid on the business was also a “smash-and-grab” of private citizens’ property. Many of those citizens were truly innocent – they just rented a safe deposit box there and suddenly had their life savings taken.
The fallout has been significant. Some victims had to submit to FBI investigations or file legal challenges to get their belongings back. A class-action lawsuit ensued, arguing the FBI violated Fourth Amendment rights (freedom from unreasonable searches and seizures). In early 2024, a federal appeals court (Ninth Circuit) issued a blistering ruling: it found the FBI’s actions unconstitutional, saying the seizure of 700+ boxes went beyond what the warrant allowed and violated the Fourth Amendment. The court noted that the FBI’s assurance it would only “inventory” boxes was false, and searching and seizing items from uninvolved parties was unlawful. This case is a prime example of how a federal raid can morph into a wide-ranging forfeiture dragnet – and why courts are now pushing back.
Common Targets in Federal Raids
While the Beverly Hills case was unusual in scale, the pattern of federal raids leading to forfeiture is common. Typical scenarios include:
Your Rights and How to Respond to a Raid
Enduring a federal raid is traumatic, but it’s important to remember that you have rights before, during, and after the raid:
Fighting Forfeiture After a Federal Raid
Once your property is seized in a raid, recovering it involves formal legal processes:
Learnings from the FBI Safe Box Raid: One positive outcome of that saga is awareness. The public and judges are now more aware that innocent people can get swept up in raids. As a result, we may see tighter oversight on how warrants are executed and more skepticism from courts when the government tries to forfeit property from people peripherally connected (or not connected at all) to the target of a raid.
Already, as noted, the Ninth Circuit Court of Appeals not only ruled the safe deposit seizures unconstitutional but also highlighted how the government initially refused to return property to owners not charged, then backtracked. This embarrassment for the FBI and DOJ could make agencies a bit more careful. But ultimately, it’s up to individuals to assert their rights.
Conclusion: Don’t Let a Raid Ruin You
If federal agents have raided your property and taken your possessions, it’s easy to feel helpless – but you do have recourse. The government can’t just keep your stuff without justification. By understanding the process and aggressively contesting an unjust forfeiture, you can level the playing field. The key is timely action and skilled legal representation. Federal raids are daunting, but the law still provides ways for you to get your property back, especially if you’ve done nothing wrong.
Call to Action:
Were you the target of a federal raid or did agents seize your belongings as “evidence” or “proceeds” of a crime you’re not even charged with? Don’t wait and hope for the best – take action. Contact Sebastian Rucci, a veteran asset forfeiture attorney, to fight for the return of your property. We know the tactics federal agents use and how to challenge them in court. Call 330-720-0398 for a confidential, free consultation and get the experienced advocacy you need to reclaim what’s yours.
Innocent Owner Defense in Asset Forfeiture: Protecting Your Property Rights
What Is the Innocent Owner Defense?
One of the most paradoxical aspects of civil asset forfeiture is that property can be taken from people who are completely innocent. The law permits the government to forfeit property if it’s connected to a crime – even if the owner of the property isn’t the person who committed the crime. The innocent owner defense is a legal provision that allows an owner to get their property back by proving they had no knowledge of, nor consented to, the illegal use of their property. In theory, this defense is a crucial protection: it recognizes that “innocent until proven guilty” should extend to people’s property as well.
For example, imagine you lend your car to a friend, and unbeknownst to you they use it to transport drugs. If the car is seized, you, as the owner, could invoke the innocent owner defense by showing you had no idea about your friend’s activities. Federal law (18 U.S.C. § 983(d)) and many state laws have clauses that say an innocent owner’s interest “shall not be forfeited” if they can prove their innocence. Sounds fair, right?
The Harsh Reality: In Practice, You Must Prove Innocence
Unfortunately, invoking this defense is easier said than done. Under most civil forfeiture laws today, the burden is on the property owner to prove they are innocent – effectively a guilty-until-proven-innocent scenario. This flips the typical script of American justice. You aren’t presumed innocent; instead, you must convince the court that you did not know about the illicit use of your property. Proving a negative (“I didn’t know something”) is inherently difficult.
Worse, innocent owners face procedural hurdles that can trip them up before they ever get a hearing:
Real-World Examples of Innocent Owners
The innocent owner problem isn’t just theoretical – it’s widespread. A notorious U.S. Supreme Court case, Bennis v. Michigan (1996), exemplifies how harsh forfeiture can be: A woman’s car was forfeited by the state after her husband used it (without her knowledge) to solicit a prostitute. The wife – an innocent owner – lost her vehicle despite having committed no crime. The Supreme Court upheld that forfeiture, essentially saying that her innocence did not exempt the car from being taken. This case set a troubling precedent.
In many cities, a large portion of seized property comes from third-party owners:
These examples underscore that innocent owners aren’t rare outliers; they are a sizable share of forfeiture victims. Anytime property is used by someone else – be it a child, spouse, friend, tenant, or employee – that property is at risk of seizure even if the actual owner did nothing wrong.
Legal Developments: A Mixed Bag
There is growing recognition by courts and lawmakers that the innocent owner burden is unjust. Some positive developments include:
The takeaway: the legal system is aware of the innocent owner dilemma, but change is gradual. Some federal legislation has been proposed (like the FAIR Act – see the Due Process topic) to shift burdens and make it easier for innocent owners to recover property, but as of 2025 these reforms are not law.
How to Fight as an Innocent Owner
If you find yourself in the awful situation of being an innocent owner whose property was seized, here’s how you can protect your rights:
Conclusion: Protecting the Innocent
The innocent owner defense is supposed to protect those caught in the forfeiture net by mistake or misfortune. While it exists on paper, making it work for you requires jumping through legal hoops and proving a negative. If your property was seized and you had no involvement in the alleged crime, do not be discouraged. Many innocent owners do eventually get their property back – but it often takes persistence and legal help. Remember that the burden may be unfairly placed on you, but with a solid case and the right strategy, you can overcome it.
Call to Action:
Has your car, money, or other property been seized even though you did nothing wrong? You shouldn’t have to pay for someone else’s actions. Contact Sebastian Rucci – an experienced asset forfeiture attorney – to evaluate your innocent owner claim. We will fight to shift the burden back where it belongs: on the government. Call 330-720-0398 today for a free case review and let us help reunite you with your property.
Airport Cash Seizures: What to Do if TSA or DEA Takes Your Money
Airport Cash Seizures: What’s Happening?
Travelers flying with large sums of cash are increasingly encountering an alarming problem: airport cash seizures by federal agencies. Under civil asset forfeiture laws, agencies like the Drug Enforcement Administration (DEA) or Customs (a part of the Department of Homeland Security) can seize money from passengers without charging them with a crime. In fact, DHS agencies seized over $2 billion in cash at U.S. airports between 2000 and 2016, and in most cases the owners were never accused of any wrongdoing. This means you could have your money taken simply because an agent suspects it might be linked to illicit activity – even if you’ve committed no crime.
Why Do TSA or DEA Seize Cash at Airports?
There are a few common triggers for cash seizures at airports:
Once cash is found, agents often assume it’s drug money or evidence of crime. Critically, you don’t have to be charged or convicted – the law allows taking the property first, and you must later prove it’s legitimate to get it back.
Recent Changes: DOJ Suspends a Controversial Program
In late 2024, there was a positive development for travelers’ rights. The Department of Justice suspended the DEA’s airport cash seizure program after a watchdog investigation found serious legal and ethical issues. The DOJ’s Inspector General reported that DEA agents weren’t even following the agency’s own policies for “consensual encounters” in airports, creating “significant legal risks”. Critics have long argued that such programs infringe on constitutional rights and create perverse profit incentives for law enforcement.
Notably, the Institute for Justice a civil liberties group – has a pending lawsuit against the DEA and TSA challenging airport seizures. The suspension of the DEA program in November 2024 is a victory for reformers, suggesting authorities acknowledged the abuse. However, TSA and other agencies can still seize cash during routine screenings or customs checks, so travelers must remain vigilant.
Know Your Rights When Traveling with Cash
If you choose to fly with a significant amount of cash, it’s important to understand and assert your rights:
What To Do If Your Cash is Seized
Having your money taken by authorities is frightening, but you can fight to get it back. Here are the steps to take if TSA, DEA, or customs agents seize your cash:
Protect Yourself: Tips for Flying with Cash
The safest approach is to avoid traveling with large sums of physical cash if possible use electronic transfers or cashier’s checks for big transactions. If you must carry cash:
Conclusion: Stand Up for Your Money
Airport cash seizures remain a risk, but recent policy changes show that public pressure is prompting reform. If your money is seized at an airport, don’t assume it’s gone for good. You have the right to fight back, and many people do successfully recover their funds with legal help. Remember, being suspected is not the same as being guilty, and the government must ultimately justify taking your property. For the best chance of recovery, act quickly and get professional legal assistance.
Call to Action:
If TSA or DEA agents have taken your cash, you’re not alone – and you have options. Contact Forfeiture Attorney Sebastian Rucci for a free consultation on how to reclaim your seized money. With 27+ years of experience in federal seizures, Sebastian can help you assert your rights and fight the forfeiture in court. Don’t let the government keep your hard-earned money without a fight-call 330-720-0398 today for help recovering your property.
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Youngstown Digital Marketing Agency SEO
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