Understanding Business Property Forfeiture

At Rucci Law, we understand that the prospect of your business assets being seized by the government – through a civil asset forfeiture action – can be utterly devastating. It’s a frightening prospect, but it’s crucial to understand the legal process and, more importantly, your rights. Civil asset forfeiture allows law enforcement and government agencies to seize property suspected of being involved in criminal activity, even if you, the owner, haven’t been formally charged with a crime.

Unlike criminal forfeiture, which occurs as part of a criminal prosecution, civil asset forfeiture bypasses the traditional safeguards of the justice system. This is precisely why it’s so important to have experienced legal representation on your side.

How Does Asset Forfeiture Work?

Here’s a breakdown of the typical process:

• Investigation: Government agencies, often through the Department of Treasury or local law enforcement, initiate an investigation.
• Complaint Filing: A complaint is filed with a court, alleging that your assets are connected to illegal activity (e.g., drug trafficking, money laundering).
• Notice: You’ll receive a Notice of Forfeiture, which is your first formal notification. Crucially, this notification needs to be thorough and accurate.
• Court Hearing: A hearing is held where the government must prove, by a preponderance of the evidence, that your assets are linked to criminal activity and that no legitimate use for the assets exists.
• Judgment: If the court rules in favor of the government, the assets are seized.

Protecting Your Rights – Rucci Law’s Approach

At Rucci Law, we aggressively defend against business property forfeiture claims. We recognize the potential for government overreach and will fight to protect your constitutional rights, including:

• Due Process: We challenge any procedural errors that may have disadvantaged you.
• Fourth Amendment Protection: We scrutinize the legality of the seizure, ensuring it was conducted lawfully.
• Burden of Proof: We fight to demonstrate that the government hasn’t met its burden of proof – that there’s sufficient evidence to connect your assets to criminal activity.

Don’t wait until your assets are seized. Contact Rucci Law today for a confidential consultation. We’ll thoroughly investigate your case and develop a strategic defense tailored to your specific circumstances.