Criminal Defense Lawyers

Will my assets be seized if I’m convicted of a federal crime?

Getting charged with a federal crime is scary enough, but then you gotta wonder – if I’m convicted, could the government seize my assets too? It’s a fair question. The short answer is yes, they totally can under certain circumstances. Let’s break it down.

Civil Asset Forfeiture

One way the feds can snatch your property is something called civil asset forfeiture. This is when the government takes your stuff by filing a case against the assets themselves, not you. Crazy right? It’s like your car or house committed the crime.The usual targets are cash, cars, and houses that law enforcement believes are connected to criminal activity. They don’t even need to convict you of a crime first. The case is against the property, so it’s on you to prove the assets are totally legit. Good luck with that.This process has come under fire lately for being a little too aggressive. I mean the government can just take your stuff without convicting you first? Kinda shady. Many would argue it violates the whole “innocent until proven guilty” thing. But for now, it’s still legal on the federal level.

Criminal Forfeiture

Ok this one makes more sense. If you’re convicted of a federal crime like drug trafficking, fraud, or organized crime, the court can order criminal forfeiture as part of your sentence.Here the government is seizing assets because they were used to commit a crime or were gained illegally. The assets are basically considered “guilty” too.The court has a ton of power here. They can forfeit almost anything – cash, cars, businesses, houses, land, securities, even intellectual property like patents and trademarks. Yikes!However, there are some limits. The government can only take property linked to the specific crime you were convicted of. If you’re convicted of tax fraud, they can’t take your house just because they feel like it. There has to be a connection.

Fines and Restitution

Sometimes instead of forfeiting your assets, the court will order fines and restitution as part of your sentence. This means you have to pay money to the government and victims.If you don’t pay up, the government can seize assets like cash, cars, or property to cover the amounts owed. They can even garnish your wages or put liens on your bank accounts and other assets.So in this case it’s not exactly asset forfeiture, but the end result is still the government taking your stuff if you don’t pay. Not ideal.

Bankruptcy Won’t Save You

A lot of people think you can get out of criminal fines, restitution, and forfeitures through bankruptcy. Nope! These debts typically can‘t be discharged through bankruptcy.The government will get paid one way or another. Your assets are fair game if you don’t pay what you owe.

Negotiating a Deal

If you’re facing criminal charges, the best way to avoid asset seizure may be negotiating a plea deal. Many federal prosecutors will agree to not pursue forfeitures and limit fines/restitution in exchange for a guilty plea.You’ll probably still lose some assets and have to pay fines, but maybe you can hang on to your house, retirement savings, college fund for the kids, etc. It’s something to discuss with your defense attorney.

Fighting Back

If the government seizes your assets in a way you feel is unfair or illegal, you can challenge them in court. For civil forfeiture, you’d file a claim on the property and fight it out in court. For criminal cases, you can appeal the forfeiture order.It’s always an uphill battle though. The government has way more resources than the average person. You’ll need a knowledgeable attorney on your side. But sometimes you can win, especially if the seizure was questionable.

Losing Everything

At the end of the day, it is possible to lose all your assets if convicted of a federal crime. Homes, cars, businesses, retirement accounts – nothing is really off limits if the court orders it.For most average folks, having everything seized would be financially devastating. It can mean starting over from scratch. Heck, you might not even be able to afford a good lawyer to fight the charges anymore!

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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The Takeaway

The possibility of losing assets through forfeiture, fines, and restitution is very real if convicted of a federal crime. The key is avoiding criminal charges altogether, or negotiating a plea deal that limits fines and forfeitures.An experienced federal defense lawyer can help navigate these issues and fight back if the government seizes assets inappropriately. Don’t wait until it’s too late – get advice early on asset protection strategies.Overall the feds have broad powers to take private property linked to criminal convictions. While there are some limits, it’s a scary amount of power. So maybe don’t commit federal crimes, okay? And if you do, lawyering up ASAP is probably wise.