Understanding Asset Forfeiture and Your Rights

At Rucci Law, we understand that the prospect of your assets – your savings, your property, your investments – being seized by the government can be incredibly unsettling. Asset forfeiture is a legal process where the government seeks to take property believed to be connected to criminal activity, even if you haven’t been formally charged with a crime. This often arises under laws like the Civil Asset Forfeiture Reform Act (CARA) and through various federal and state statutes. However, the process is frequently fraught with potential pitfalls, and it’s crucial to understand your constitutional rights and the protections available to you.

It’s important to note: The government’s ability to seize assets isn’t unlimited. The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. The government must demonstrate a strong probable cause link between your assets and criminal activity. Simply having the same bank account as a suspect isn’t enough; they must prove a direct connection.

The Seized Money Defense: A Critical Strategy

The “Seized Money Defense” is a cornerstone of our asset forfeiture defense strategy. It argues that the government hasn’t proven that the funds themselves are proceeds of criminal activity. We challenge the government’s evidence and demonstrate that the money could have legitimate sources – a business income, an inheritance, a loan, or any number of other lawful transactions.

Here’s how we approach the Seized Money Defense:

• Due Diligence Investigation: We meticulously examine the government’s evidence, seeking weaknesses and inconsistencies.
• Tracing Funds: We investigate the origin and movement of the funds to prove legitimate sources.
• Expert Witness Testimony: We bring in forensic accountants and other experts to analyze financial records and challenge the government’s conclusions.
• Challenging Probable Cause: We aggressively question the government’s evidence and demonstrate a lack of sufficient probable cause.

Potential Government Overreach & Rucci Law’s Commitment

Civil asset forfeiture has been criticized for its potential to be used for overreach, particularly when targeting individuals without clear evidence of wrongdoing. We are dedicated to protecting California residents from this potential abuse of power. Rucci Law is committed to providing aggressive and strategic representation, ensuring your rights are fully protected throughout the entire process.

Don’t face this challenge alone. Contact Rucci Law today for a confidential consultation. We’ll thoroughly evaluate your case and explain your options.