Seizure of Real Estate for Forfeiture
Under the 2009 Asset Forfeiture Policy Manual published by the U.S. Department of Justice, Criminal Defense, Money Laundering and Asset Recovery Section, law enforcement officers should engage in pre-seizure planning questionnaires and documentation before seizure real estate for forfeiture. For asset-specific net equity thresholds, guidelines set the minimum net equity levels that generally must be met, preferably before the property is seized and certainly before federal forfeiture actions are instituted.
Under these guidelines published by the DOJ’s Money Laundering and Asset Recovery Section, the net equity values are intended to decrease the number of federal seizures of real estate, thereby enhancing case quality and expediting the processing of the cases that are initiated.
The thresholds are also intended to encourage state and local law enforcement agencies to use state forfeiture laws. As a general matter, the minimum net equity requirements for residential and commercial real property and vacant land — minimum net equity must be at least $30,000 or 20 percent of the appraised value, whichever amount is greater. No property with net equity of less than $30,000 should be identified for forfeiture, although individual districts may set higher thresholds to account for local real estate markets.
When it comes to the net equity thresholds for the seizure for forfeiture of real estate under federal law, the established minimum net equity threshold for commercial/residential real property and vacant land is at least 20 percent of the appraised value, but in no circumstance less than $30,000. The 2019 Asset Forfeiture Policy Manual provides that “[n]o property with a net equity of less than $30,000 should be considered for forfeiture, and individual districts may set higher thresholds to account for local real estate markets.”
Most law enforcement agencies follow strict rules for seizing real estate for forfeiture. Before any real property is seized, the agency must determine whether there is probable cause to believe that the real property was used in violation of federal statutes. If no probable cause is found, then no seizure can occur. On the other hand, if probable cause is found, the agency can consider the following factors before deciding to seize real property: whether the seizure is cost-effective or serves other law enforcement objectives; the impact of forfeiture on the public health, safety, and welfare, particularly if the land is environmentally sensitive; the impact of the forfeiture on any innocent owners, lien holders, or other persons not involved in criminal activity; the impact of forfeiture on targets of a criminal investigation; the cost of pre-seizure planning and maintenance of property pending final disposition; and the potential for successful a forfeiture action that will be upheld by the court.
Civil asset forfeiture is state-sanctioned robbery and is the great injustice of our time.
Attorney Sebastian Rucci Focuses His Law Practice on Seizures and Asset Forfeitures
Forfeiture Attorney Sebastian Rucci has 27 years of legal experience and FOCUSES HIS PRACTICE ON SEIZURES AND ASSET FORFEITURES. He also works with other attorneys co-counsel on civil asset forfeiture cases.
Forfeiture attorney Sebastian Rucci will challenge federal asset forfeiture cases throughout the United States. He can file a verified claim for the
seized assets, an answer challenging the allegations in the verified forfeiture complaint, seek an adversarial preliminary hearing if one was denied, and challenge the seizure by filing a motion to suppress and dismiss on multiple procedural grounds demanding the immediate return of the seized assets.
Forfeiture attorney Sebastian Rucci can show that the seized assets are not the proceeds of criminal activity and that the agency did not have probable cause to seize the funds or other assets. Even if a showing of probable cause has been made, he can file to rebut the probable cause by demonstrating that the forfeiture statute was not violated, that the agency failed to trace the funds, or showing an affirmative defense that entitles the immediate return of the seized assets.
Forfeiture attorney Sebastian Rucci is available as co-counsel, working with other counsel, where he focuses on challenging the asset forfeiture and seizure aspect of the case throughout the United States. Forfeiture attorney Sebastian Rucci often takes civil asset forfeiture cases on a contingency fee basis, which means that you pay nothing until the money or other asset is returned. Let experienced forfeiture attorney Sebastian Rucci put his experience with federal seizures and forfeiture actions to work for you, call attorney Sebastian Rucci at 330-720-0398.
