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When you’re facing a federal issue, you need an attorney whose going to be available 24/7 to help you get the results and outcome you need. The value of working with the Spodek Law Group is that we treat each and every client like a member of our family.

FBI Seizures and Forfeitures

Understanding FBI Asset Seizure and How to Respond

The FBI and other federal agencies frequently utilize asset seizure and forfeiture when pursuing criminal investigations. But even if you are never charged with a crime, the seizure of property can inflict serious financial hardship. Challenging seizures requires experienced legal assistance to navigate complex processes and strict deadlines. Take steps now to protect your rights.

Common Reasons for FBI Asset Seizures

The FBI, DEA, ATF and other agencies often seize assets they believe are:

Proceeds of Crime

If assets are suspected to be direct profits of illegal activity like drug trafficking or fraud, the government can argue they qualify for forfeiture on that basis. But proceeds must be traceable to specific crimes.

Facilitating Instruments

Property used as instruments for committing crimes, like vehicles transporting drugs or computers used for cybercrime, can be seized as facilitating instruments subject to forfeiture following convictions.

Substitute Assets

Christine Twomey
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
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
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
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
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
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
Loveth Okpedo
2024-03-12
Very professional, very transparent, over all a great experience
Bee L
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
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.

If proceeds of crime are unavailable, the government can seek substitute assets of similar value, but this requires proving assets are traceable to evading forfeiture.

Excessive Structuring

Repeatedly depositing cash in just under $10,000 increments to avoid bank reporting requirements can result in seizure of the structured amounts and accounts as civil or criminal violations.

Retaining an Asset Forfeiture Defense Lawyer

Recovering wrongfully seized property requires legal help to dispute vague allegations of connections to criminal activity. Seek counsel with:

Asset Seizure Experience

Verify specific background contesting FBI and DEA seizures. Expertise with motions to suppress evidence also helps in many cases.

Federal Court Litigation Skills

These cases often culminate in complex complaints and trials in federal court. Proven federal litigation talents are ideal.

Asset Tracking Capabilities

Meticulously tracing assets and financial records rebuts prosecutors’ overstated claims that property facilitated or derives from crimes.

Settlement Negotiation Abilities

Many cases end in settlements returning a portion of assets when winning full dismissal appears uncertain. Skilled negotiators gain ground when possible.

The urgency of quick action before deadlines pass mandates retaining an experienced asset forfeiture defense lawyer immediately if assets are seized. Delay jeopardizes recoverability.

Trusted FBI Seizure Defense Attorneys

Successfully fighting seizure of your assets requires a lawyer with tenacity and technical skills to challenge vague allegations. Led by veteran litigator Howard Srebnick, Black Srebnick Kornspan & Stumpf have decades of combined experience defending complex white collar accusations and disputing asset seizures nationwide.

Mr. Srebnick and his colleagues have secured return of millions in seized assets for clients through expert financial analysis rebutting prosecutorial narratives and litigation pressing officials to meet their evidentiary burdens. When the FBI freezes your accounts without explanation, their aggressive pursuit of justice can turn the tide. Contact their team for urgent legal help.

The FBI Asset Seizure and Forfeiture Process

Understanding the nuances in federal seizure and forfeiture procedures allows coordination of the strongest asset defense:

Initial Seizure

The seizure itself may occur without warning during a search, through a restrain order served on your bank, or via civil or criminal forfeiture complaints listing assets now titled to the federal government.

Notice Requirements

Law enforcement must send written notices regarding seizure specifics, procedures for getting assets back, and deadlines. These notices can be deficient, giving grounds for challenge.

Demanding a Probable Cause Hearing

Within 33 days after notice, your attorney can demand a hearing before a judge forcing officials to show probable cause for seizure. Success means assets return immediately.

Negotiating Return of Assets

Even absent a full probable cause hearing, attorneys often negotiate return of a percentage of assets through settlements when winning full dismissal of the forfeiture complaint seems uncertain.

Litigating in Federal Court

If settlement talks fail, the case proceeds to federal court with complaints, discovery demands, and trials governed by strict rules. Experienced litigators excel in this arena.

Meticulous attention to deadlines and procedures prevents missteps. But you need swift representation to take affirmative action.

Key Defenses Against Asset Forfeiture

Skilled lawyers can deploy multiple strategies to defend against even complex federal asset forfeiture actions. Common arguments include:

No Direct Tracing to Criminal Acts

The government bears the burden of specifically tracing seized assets to identifiable criminal acts. If that linkage relies on unsubstantiated inferences, the case falls apart.

Third Party Claims

If assets belong to someone other than the target of investigation, like a spouse or business partner, an innocent owner defense demands their return. The assets cannot then promote any crimes.

Excessive Fines

If seizure of assets vital to livelihood seems disproportionate to any offenses, attorneys can argue it violates the Eighth Amendment’s limits on excessive fines.

Statute of Limitations Expired

Courts reject forfeitures based on alleged criminal acts falling outside the applicable statute of limitations that have already expired.

Weak Circumstantial Evidence

Without solid documentation of criminal acts, convincing judges that circumstantial evidence proves facilitation of crime is very difficult at trial or preliminary hearings.

An experienced asset forfeiture defense lawyer leaves no option unexplored to protect your financial well-being when fighting excessive seizure.

Potential Impact of Asset Seizure or Restraint

FBI asset seizures aim to hit subjects where it hurts – their bank accounts, businesses, and valuables. The financial stress resulting even temporarily merits an aggressive response.

Cashflow Disruption

Seizing bank accounts and cash places immediate pressure on making mortgage payments, payroll, and even household expenses if substantial savings vanish.

Reputational Harm

Asset restraints on businesses send negative signals to customers, creditors, and markets, damaging enterprise value and growth prospects.

Legal Fees

Contesting forfeitures and navigating possible criminal charges incurs major defense costs at the same time seized assets limit funding options.

Ongoing Business Operations

Losing bank accounts, inventory, records, and equipment hampers business operations and meeting obligations to customers and employees.

Personal Financial Goals

Seizures sidetrack investment in homes, education, retirement and force very difficult temporary or permanent lifestyle changes.

Fighting back matters. With skilled legal advocates, recovery is possible before irreparable damage occurs.

Avoiding Missteps When Assets Are Seized

The aftermath of asset seizures by the FBI or other federal agencies requires urgent, strategic action. Experienced lawyers caution against:

Ignoring Notice Deadlines

Strict deadlines after notice require immediately demanding probable cause hearings or filing claims. Inaction results in permanent forfeiture.

Providing False Information

Never falsify information provided to law enforcement regarding assets or lie in hearings. That constitutes criminal obstruction.

Transferring Assets

Do not try to transfer assets to evade seizure after restraints are imposed. This risks charges like money laundering.

Using Seized Assets as Leverage

Some propose letting the government keep seized assets in plea deals or cooperation exchanges. This is rarely wise without concrete guarantees of returns.

Falling Victim to Delay

Promptly demand returns and force prosecutors to meet court deadlines – delays usually benefit them, not you.

With so much at stake, rely on counsel with forfeiture experience each step of the way. Protect your rights through knowledge.

Responding to Federal Asset Seizure

If you face notices of asset seizure or your accounts are unexpectedly frozen by federal law enforcement, stay calm but act decisively:

Gather Asset Records

To refute evidentiary narratives about criminal linkage, compile documentation on seized asset origins comprehensively.

Contact Experienced Counsel

Engage asset forfeiture defense lawyers immediately to halt prosecutorial momentum and map counterstrategies.

Act Before Deadlines

Meet all deadlines for probable cause hearings and claims stubbornly, forcing officials to validate allegations.

Cooperate Selectively

While transparency about assets aids recovery, decline investigative interviews about alleged crimes without counsel.

With seasoned legal guidance, the worst impacts of unjust asset seizures can be avoided. But waiting surrender leverage. Protect your rights and property now.

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