What is Business Asset Forfeiture?

Business asset forfeiture occurs when the government seeks to seize property owned by a business or individual, alleging it was involved in criminal activity. Often, this involves seizures stemming from drug trafficking, money laundering, or other serious offenses. However, it’s crucial to understand that the government’s ability to seize assets is not unlimited. It’s built upon a specific legal framework designed to prevent the financial benefit criminals receive from their illicit activities.

Important Note: The government doesn’t need to prove you *committed* a crime to seize your assets. They need to establish a connection between the asset and the criminal activity.

How Does It Work in California?

In California, the process typically begins with a civil forfeiture action. The government files a lawsuit seeking a court order to seize the assets. This can happen even if you are not charged with a crime. The government will generally attempt to establish probable cause – a reasonable belief – that your assets were connected to criminal activity.

• Probable Cause Standard: California courts apply a relatively low standard of proof for probable cause.
• Due Process Concerns: We rigorously examine whether the government has met all required due process standards.
• Seizure Without Charges: A significant concern is the possibility of seizure without formal criminal charges being filed.

Your Rights – And How Rucci Law Protects Them

At Rucci Law, we fight tirelessly to protect your constitutional rights throughout the entire process. We will:

• Challenge Probable Cause: We thoroughly investigate the government’s evidence and identify weaknesses in their case.
• Oppose Unlawful Seizures: We aggressively challenge any seizures that violate your due process rights.
• Seek Discovery: We utilize legal discovery to obtain information from the government, potentially revealing flaws in their investigation or strategy.
• Negotiate Settlements: In some cases, we can negotiate a fair resolution that minimizes the impact of the forfeiture proceedings.

Don’t face this battle alone. Rucci Law has a proven track record of successfully defending clients against asset forfeiture claims in California. Contact us today for a confidential consultation.