Welcome to Spodek Law Group. Our goal is to give you the reality of asset forfeiture - not the sanitized version government websites present, not the procedural fiction defense lawyers sometimes offer, but the actual truth about what happens when police take your property and the system designed to ensure you never get it back.
Here is the most important thing you need to understand: when the government seizes your property through civil forfeiture, they are not charging YOU with a crime. They are charging your property. That car, that house, that bank account - it becomes the defendant. The case is literally titled something like "United States v. $506,231 in United States Currency" or "United States v. One 2019 Land Rover." Your money is on trial. Your car is the accused. And you? You are merely the claimant - someone who has to prove that your own property is innocent.
This is not an exaggeration or a metaphor. This is how the system actually works, and understanding this legal fiction is the first step in understanding why fighting asset forfeiture requires specialized knowledge that most attorneys simply do not have.
The Government's Favorite Legal Fiction: Your Property Is The Criminal
Heres the thing about civil asset forfeiture that shocks every client who walks through our door. They assume - reasonably - that the government needs to charge them with a crime before taking there property. They assume constitutional protections apply. They assume innocent until proven guilty.
None of that is true in civil forfeiture.
The legal framework dates back to maritime law, where ships that violated trade laws could be seized even if the owner was overseas and unreachable. That same principle now applies to your cash, your car, your house. The government claims your property was "involved in" or "facilitated" criminal activity. They dont have to prove you did anything wrong. They dont have to charge you with anything. They dont even have to arrest you.
According to data from the Institute for Justice, 80% of people who have property seized through civil forfeiture are never charged with any crime. Let that sink in. Four out of five people lose there property without ever facing criminal charges.
The burden of proof gets flipped completely. In a criminal case, the government must prove your guilt beyond a reasonable doubt. In civil forfeiture? You must prove your property's innocence by a preponderance of evidence. Your assumed guilty until you prove otherwise.
And heres were it gets really insidious: because this is a "civil" proceeding rather then a criminal one, you have no right to a court-appointed attorney. If you cant afford a lawyer, tough luck. The government has unlimited resources. You have whatever you can scrape together while your bank accounts are frozen.
Why 80% of Seizure Victims Are Never Charged
OK so you might be thinking - if 80% of people arent charged, surely that means the government is targeting innocent people and eventually giving there property back?
The data tells a different story. According to federal records, only about 1% of federally seized property is ever returned to its original owners. One percent. The rest becomes permanent government property - funding police departments, prosecutors offices, federal agencies. Since 2000, governments across the United States have forfeited $68.8 billion in assets. Thats not a typo. Sixty-eight point eight BILLION dollars.
This isnt law enforcement. Its a buisness model.
Heres the part nobody talks about: police departments have a direct financial incentive to seize as much property as possible. Under programs like "equitable sharing," local police can partner with federal agencies and keep up to 80% of what they seize. The Department of Justice Asset Forfeiture Fund grew from $500 million in 2003 to $1.8 billion in 2011 - thats 260% growth in eight years.
CRITICAL WARNING: If you believe your property was wrongly seized, the clock is already running. In some states, you have as little as 20 days to file a claim challenging the forfeiture.
The people who never get charged are often the people who never fight back. They dont know about the deadlines. They cant afford attorneys. They calculate that hiring a lawyer costs more then the property is worth. The system is literaly designed to make surrendering easier then fighting.
The Deadlines They're Counting On You To Miss
This is were the system becomes truely predatory. Every jurisdiction has strict deadlines for challenging asset forfeiture, and missing those deadlines means automatic forfeiture - no hearing, no judge reviewing your case, just... gone.
In Florida, you have 20 days to file a claim challenging a seizure. Twenty days. If your dealing with a family emergency, if your trying to figure out what happend, if your researching your options - and 21 days pass - your property is forfeit by default.
In New Jersey, the state must file a forfeiture complaint within 90 days, but you must respond promptly once served. In Virginia, you have less then a month from when forfeiture papers are served to respond. Different states, different deadlines, different procedures. Federal forfeitures have there own timeline entirely.
Heres the kicker: many people dont even realize there property has been formally seized. They think its "being held as evidence." They think theres "an investigation." They think theyll get a phone call when its ready to be returned. Meanwhile, the forfeiture clock is ticking. When the deadline passes, the government wins by default.
Todd Spodek has seen this pattern hundreds of times. A client calls after reading about asset forfeiture online, suddenly realizing that the car that was "impounded" three months ago was actualy seized. By then, the deadline has long passed. The options have narrowed to almost nothing.
DO NOT WAIT. If any property has been seized - cash, vehicle, real estate, accounts - contact an asset forfeiture attorney immediately. Every day that passes reduces your options.
At Spodek Law Group, we've handled cases were clients had less then a week remaining on there deadline when they first contacted us. We've filed emergency responses, challenged improper seizures, and recovered property that clients had already written off as lost. But we cant do any of that if the deadline has already passed.
The Equitable Sharing Loophole: How Police Bypass Your State's Reforms
Some states have recognized how abusive civil forfeiture has become. New Mexico abolished the practice entirely in 2015. Other states have passed reforms requiring a criminal conviction before property can be permanently forfeited. You might think - OK, so if I live in a reform state, I'm protected.
Think again.
"Equitable sharing" is the federal backdoor that makes state reforms almost meaningless. Heres how it works: local police seize your property. Instead of processing it under state law (which might require conviction), they "adopt" the seizure to a federal agency like the DEA or FBI. The case is now federal. Federal civil forfeiture law applies. No conviction required. And the local police department? They get up to 80% of the proceeds back through equitable sharing.
Since 1984, over $5 billion has been distributed to state and local agencies through equitable sharing. Of the nearly $46 billion forfeited by the federal government since 2000, almost one-fifth went to state and local agencies participating in this program.
Notice the pattern? Your state passes reform legislation. Police continue seizing property. They just route it through the feds now. The reform accomplishes nothing.
And heres the truly uncomfortable truth the system dosent want you to know: when your property is "adopted" for federal forfeiture, the legal standards, deadlines, and procedures all change. What you thought you understood about your state's forfeiture laws becomes irrelevant. Your now playing by federal rules, and federal civil forfeiture is a whole different ballgame.
What Innocent Owners Actually Face: Real Cases, Real Losses
Let me tell you about Tyson Timbs. In 2013, police in Indiana arrested him for selling drugs to undercover officers. They also seized his Land Rover - a vehicle worth about $42,000 that he had purchased with his father's life insurance payout. The car had nothing to do with drug money. It wasnt bought with illegal proceeds. It was bought with insurance money from his deceased father.
Did the government return it once this was clear? No. They fought for EIGHT YEARS to keep his car. The case went all the way to the Supreme Court - Timbs v. Indiana in 2019 - which finaly ruled that the Eighth Amendment's Excessive Fines Clause applies to state forfeitures.
Eight years. To get back a car that was clearly purchased legitimately. Thats what innocent owners face.
Consider Russ Caswell and his family motel in Tewksbury, Massachusetts. Federal prosecutors tried to seize the entire property - the Caswell family's buisness - because some GUESTS had committed drug crimes there over the years. Caswell had cooperated with police. He had reported suspicious activity. He had done everything right. And the government still tried to take his livelihood. The court eventualy ruled in his favor, but only after years of litigation that most property owners simply cannot afford.
Or Anthonia Nwaorie - a Nigerian immigrant who became a U.S. citizen in 1994, worked as a nurse for over 34 years, and saved money her entire career to open a medical clinic in Nigeria. In 2017, she was about to fly from Houston with medical equipment and approximately $41,000 in cash when her money was seized. She had done nothing wrong. Her money was legal. She was living the American dream, and the government took her life savings anyway.
Sound familiar? See the problem?
These arent edge cases. These are examples of how the system actualy works. The government seizes first and lets you fight for years to get your property back - if you can afford to fight at all.
Fighting Back: What An Asset Forfeiture Attorney Actually Does
Heres were Spodek Law Group comes in. Fighting asset forfeiture requires specialized knowledge that most criminal defense attorneys simply dont have. This isnt a criminal case - its a civil proceeding with its own rules, its own deadlines, and its own strategic considerations.
An asset forfeiture attorney does several critical things:
First, we stop the clock. The most urgent priority is ensuring deadlines are met. Filing a timely claim preserves your right to fight. Miss the deadline, and your talking about much more limited options - if any exist at all.
Second, we challenge the seizure itself. Was there probable cause for the stop? Was the seizure proceduraly proper? Did the government follow its own rules? Mistakes in the seizure process can result in return of property even before any hearing on the merits.
Third, we assert the innocent owner defense. Federal law and most state laws provide that truly innocent owners - people who didnt know about and werent involved in any criminal activity - can recover there property. But this defense dosent assert itself. You have to prove it.
Fourth, we evaluate proportionality. Even if some connection to criminal activity exists, the Excessive Fines Clause (thanks to Timbs v. Indiana) means forfeitures cant be grossly disproportionate to the offense. Seizing a $42,000 car for a minor drug sale? Potentialy unconstitutional.
Fifth, we negotiate. Not every forfeiture case goes to trial. Sometimes the government will settle - returning property or a portion of property - rather then litigate. An experienced attorney knows when to fight and when to negotiate.
At Spodek Law Group, weve helped innocent owners recover millions of dollars in assets. Cars. Homes. Bank accounts. Business property. Every case is different, but the principle is the same: the government took something that wasnt theirs to take, and we fight to get it back.
The Federal Forfeiture Process: What You're Actually Up Against
Understanding the federal forfeiture process is essencial if your property was seized by federal agents or if local police have "adopted" your seizure to the feds.
The process typicaly begins with seizure - agents take your property, usualy incident to an arrest but not always. You should recieve a seizure notice explaining the alleged grounds and informing you of your rights to contest.
Then comes the critical window: you generaly have 35 days from the date of the notice to file a claim. Filing a claim forces the government to proceed through formal judicial forfeiture - meaning a court will actualy review the case. If you dont file a claim, the government can complete an "administrative forfeiture" with no judicial oversight whatsoever.
This is why Todd Spodek tells every client: the moment you learn of any seizure, the clock is running. Not the moment you hire a lawyer. Not the moment you decide to fight. The moment you learn about it. Every day of delay narrows your options.
After a claim is filed, the government must file a civil forfeiture complaint. Then procedes discovery, motions, and potentialy trial. The entire process can take years. During that time, your property remains in government hands. Your paying for the fight. The government is using unlimited taxpayer resources.
Thats the asymmetry nobody mentions: they had months or years to prepare there case before seizing your property. You have days or weeks to respond. They have government lawyers on salary. You have to pay out of pocket - often while your bank accounts are frozen.
The State Forfeiture Landscape: A Patchwork of Rules
Beyond federal forfeiture, every state has its own civil forfeiture laws. The variation is enormous.
New Mexico is the only state that has completly abolished civil forfeiture. Property can only be forfeited after a criminal conviction, and even then, proceeds dont go to law enforcement. If you live in New Mexico, you have genuine protection.
Other states have reformed there laws to varying degrees. Some require conviction for forfeiture. Some have raised the burden of proof. Some have eliminated the profit motive by directing proceeds to general funds rather then police budgets.
But remember equitable sharing. Police in reform states can - and do - route seizures through federal agencies to bypass state protections. A state law requiring conviction means nothing if the seizure is processed federally.
The 2024 Supreme Court case Culley v. Marshall made things worse. The Court ruled that the Due Process Clause dosent require a separate preliminary hearing before the government can retain seized property pending final forfeiture. In other words, they can hold your property for months or years while the case winds through court, and you have no right to a hearing just to determine whether theres probable cause.
The landscape is complicated. The rules are different everywhere. An asset forfeiture attorney who handles cases in multiple jurisdictions - like Spodek Law Group - understands both federal procedure and the variations across states. We know which arguments work were, which deadlines apply, and which procedural mistakes the government commonly makes.
Warning Signs That Your Property May Be At Risk
Some people only learn about asset forfeiture after the fact - when police have already taken there property. But there are warning signs that can indicate you may be at risk:
Unusual bank activity inquiries. Banks are required to file Suspicious Activity Reports (SARs) and Currency Transaction Reports (CTRs) for cash transactions over $10,000. If your bank is asking questions about your deposits or withdrawals, a report may have been filed.
Contact from law enforcement. If agents want to "talk" about your finances or buisness dealings, they may be building a forfeiture case. Never speak to law enforcement without an attorney present.
Third-party activity on your property. If a tenant, family member, or associate has been involved in criminal activity connected to your property, that property may be at risk of forfeiture - even if you had no knowledge or involvement.
Traveling with cash. Carrying large amounts of cash - even if its perfectly legal - can trigger seizure at airports, traffic stops, or train stations. Police frequently characterize legal cash as "suspected drug proceeds."
Existing criminal investigation. If your already under investigation for any offense involving money or property, forfeiture is almost certainly on the table.
If any of these warning signs apply to you, dont wait for seizure to occur. Proactive consultation with an asset forfeiture attorney can help you understand your risks and protect your assets before they become government property.
The Clock Is Already Running
Heres what I need you to understand: if your reading this because property has already been seized, your deadline may be days or weeks away. Not months. Days.
The government is counting on you to be confused. Theyre counting on you to think you have more time then you do. Theyre counting on you to give up because fighting seems too hard.
At Spodek Law Group, we've seen the other side of this equation. Weve seen what happens when people fight back with experienced representation. Weve recovered cars, houses, bank accounts, and buisness assets that the government had already counted as theirs. We've negotiated settlements that returned property without the cost and uncertainty of full litigation. Weve challenged seizures on procedural grounds and won before any hearing on the merits.
But we can only help if you act now. The forfeiture system is designed to reward speed on the governments side and punish delay on yours. Every day you wait is a day closer to a deadline you may not even know about.
Call Spodek Law Group at 212-300-5196. The consultation costs you nothing. Not calling could cost you everything.
The window is closing. What are you going to do about it?
