Cash suspected of being obtained through criminal activities is often the target of asset forfeitures and may be seized prior to or after an indictment is officially handed down. In fact, while cash found at the scene of an alleged crime can be seized prior to any criminal charges being officially filed, asset forfeiture proceedings may also be initiated to try to obtain money after a conviction has been handed down, such as in cases when the courts are trying to seize funds from an alleged fraud scheme.
Although it can be difficult to regain seized cash, you will have the best chances of doing so with our Montgomery and Birmingham asset forfeiture lawyer at Joe Reed & Associates, LLC.
What may further complicate these cases is when the authorities are trying to seize cash from someone not associated with the crime, such as a spouse or family member of the indicted individual.
Regardless of when the authorities seize cash as part of criminal or administrative asset forfeiture proceedings, the facts remain that:
- People will need to act quickly in order to defend their rights to the funds and prevent these funds from being usurped by the authorities.
- These individuals will need experienced attorneys like our asset forfeiture lawyer, Joe Reed, on their side to help them mount the strongest possible case.
The Rules For Seized Cash In Federal Asset Forfeiture Cases
How seized cash is to be handled in federal asset forfeiture cases is specifically outlined in the Justice Manual (formerly, the U.S. Attorney’s Manual, or USAM), 9-111.600. According to the rules described therein, seized cash must be:
- Photographed so the photos can be used as evidence in the future (when or if applicable)
- Deposited into the Seized Asset Deposit Fund, pending official forfeiture – within 60 days of seizure or 10 days of an indictment, the seized cash will be transferred to the U.S. Marshal (when a proper defense against forfeiture has not been successful)
The laws applying to seized cash are complicated, and additional factors that can affect how this cash is to be handled – as well as what specifically needs to be done to challenge asset forfeitures related to cash – will depend on a number of factors, only some of which include:
- The amount of the cash in question (with different rules applying for sums under $5,000 and over $5,000)
- Whether there is other evidence associated with the seized funds (such as fingerprints or other physical evidence on the seized cash)
- Whether the cash seizure stemmed from criminal or administrative proceedings
Our Montgomery And Birmingham Asset Forfeiture Attorney
If the authorities have recently seized cash from you or you have received noticed that your cash will be seized in the near future, don’t hesitate to contact the attorney Reed. He is ready to aggressively defend you, your rights and your assets, and he knows how to stand up to police and prosecutors in any legal setting.
By trusting Mr. Reed to represent you, you can rest assured that our skilled and dependable asset forfeiture attorney will build you a strong case, stand up for your rights at every step of the legal process and work tirelessly to resolve your case as favorably as possible.
You are encouraged to attend an initial consultation to discuss your case and learn more about your rights. Set up this meeting today by calling 334-834-2000 or emailing us using our contact form. Initial consultations are free in most cases, and evening and weekend appointments are available for your convenience.