Civil asset forfeiture occurs when a governmental enforcement agency seizes and takes control of assets that they suspect are profits from or were used to commit a criminal offense. If you have lost assets in a civil forfeiture case, you may wonder, “What happens to the money seized in civil asset forfeiture cases in New York?” Law enforcement agencies often report how money is used, but it is also important to know what you can do about unfair asset forfeitures.
What State Agencies Do With Civil Forfeiture Assets
In 2024, according to the New York Asset Forfeiture Report, there was a total of nearly $48.3 million seized in New York through state forfeiture laws and over $9.4 million through federal forfeiture laws. In 2023, the report stated that nearly $18.4 million was seized through state laws and nearly $10.2 million through federal laws. This includes both civil and criminal forfeitures.
New York agencies, like county sheriff’s offices, district attorneys, and police departments, can conduct asset forfeiture under state and federal laws. Based on the Asset Forfeiture Report, the agencies reported where funds were going, which included:
- The claiming authority or claiming agents
- The Office of Addiction Services and Support (OASAS)
- Funding for investigations and prosecutions
- Paying liens on forfeited property
- Damages and restitution to victims of offenses
- Reimbursement for the purchase of contraband
What Federal Agencies Do With Civil Forfeiture Assets
Federal agencies that may conduct asset forfeiture include the following:
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- Internal Revenue Service (IRS)
- U.S. Attorney’s Office
- U.S. Customs and Border Protection
The DEA reported seizing over $197 million of assets in Fiscal Year 2023.
The FBI lists how both state and federal funds are used after forfeiture, both criminal and civil. Some of these uses include:
- Victims program, providing compensation to those who were victims of crimes or paying the court for restitution
- Community-based policing in New York City
- Transportation to drug treatment
- Treatment facilities for drug and alcohol misuse
- Programs like job skills, gun buy-back, and drug prevention youth programs
- After-school programs, youth sports, and summer camp funding
- Personal protective gear for emergency responders
- Public service projects
- Improved law enforcement technology
- Forensic training programs for law enforcement
- Equipment for 911 call centers
- Naloxone kits to help overdose victims
The goal is that these forfeited funds are taken from criminal activity and used to benefit the community.
Recovering Civil Forfeiture Assets
It is an unfortunate reality that not all the assets seized through civil forfeiture are fairly seized. Law enforcement does not have to convict a person of a crime to seize assets through civil forfeiture. Instead, cash seizure laws enable them to take assets with a preponderance of evidence that they were involved in a crime. If law enforcement meets this burden of proof, they can seize assets. These assets may even belong to someone who was not involved in any criminal activity themselves.
You can file a claim to recover assets that were seized through civil forfeiture. When you hire a cash seizure lawyer, they can put this claim together and prove that the cash, property, and other assets were gained legitimately or not used to commit a crime. If you are facing criminal charges alongside a forfeiture case, a New York cash seizure attorney can defend against these charges.
FAQs
What Happens to Civil Forfeiture Money?
What happens to civil forfeiture money will depend on the agency that seized the assets. In New York, there is the Asset Forfeiture Report, which states how much of each agency’s seized assets go to which programs. The 2024 report stated that:
- Nearly $4 million went to the OASAS.
- Nearly $3.2 million went to fund investigations.
- Nearly $2.5 million went to the claiming authority.
- $2.4 million went to damages and restitution to victims.
What Are the Cons of Civil Forfeiture?
The cons of civil forfeiture are that agencies have a much lower burden of proof to seize assets in civil forfeiture than they do in criminal forfeiture, and the scope of the seizure can also be broader.
Criminal forfeiture requires a criminal conviction, so the agencies must prove beyond a reasonable doubt that the crime was committed. In civil forfeiture, the agencies must only prove it by either clear and convincing evidence or a preponderance of evidence, a lower standard.
Why Is It Helpful to Hire a Cash Seizure Lawyer?
It’s helpful to hire a cash seizure lawyer if you have lost cash or other assets in criminal or civil forfeiture. An attorney who is a criminal defense lawyer can defend you in criminal court or appeal a conviction, potentially avoiding criminal forfeiture. An attorney can also file a claim to potentially prevent civil forfeiture or recover assets. This claim must prove that the assets were legitimately gained, and this is easier to do with an attorney.
How Is Civil Forfeiture Different From Criminal Forfeiture?
Civil forfeiture is different from criminal forfeiture because it is an action against the assets, rather than the person, and it also has a lower burden of proof. In a civil cash seizure case, law enforcement or other agencies can take any assets that they suspect are connected to criminal activity, and they do not have to prove it beyond a reasonable doubt, which is the burden of proof required for criminal forfeiture.
Find a New York Criminal Defense and Cash Seizure Lawyer You Can Trust
At the Law Offices of Robert Tsigler, PLLC, we are a top-rated and premier criminal defense firm in New York. Our firm has a long record of proven results, and we can fight for your rights if your assets were unfairly seized through civil or criminal forfeiture. We can file a claim to recover assets wrongfully seized through civil forfeiture, gathering evidence to prove that the assets were gained through legitimate means.
Don’t settle for less than you deserve when your financial prosperity is endangered. Get a legal team you can rely on to defend you with 24/7 availability. Contact our firm today.
