Asset forfeiture under Missouri’s Criminal Activity Forfeiture Act (CAFA) is a civil case in which the government seeks ownership of property it claims is connected to criminal activity. If you also face criminal charges, the two cases address different questions. Your criminal case concerns whether you committed an offense. The forfeiture case concerns whether the government has a legal basis to take your property.
Having your property seized can create immediate financial problems, especially if you depend on the money, vehicle, or other property. You may also be unsure whether you can recover it or how to challenge the government’s claim.
At Law & Schriener, LLC in St. Louis, Missouri, we represent people facing asset forfeiture and criminal defense matters. We can review the seizure, examine the government’s evidence, and identify possible grounds for contesting the forfeiture. Call us to schedule an initial consultation.
Law enforcement’s seizure of your property does not automatically mean the government can permanently keep it. Under Missouri’s Criminal Activity Forfeiture Act, property may be subject to forfeiture if it was used or intended for use in criminal activity or was derived from or realized through criminal activity.
The investigative agency has the burden of proving the allegations in its forfeiture petition. If the evidence does not establish the required connection between your property and the alleged criminal activity, you may have grounds to challenge the case.
Through our criminal defense services, we review why the government is seeking forfeiture, examine the evidence supporting its allegations, and determine what response may protect your interest in the property.
Documents may help when the government claims that money or other property came from criminal activity or was used in connection with it. Depending on your circumstances, bank statements, receipts, purchase documents, titles, employment records, and other financial records may show where the property came from or how you used it.
These records may be important when forfeiture accompanies drug charges, white-collar crimes, or other allegations involving money or property. We can compare your records with the government’s evidence and determine whether they support an argument that the property had a lawful source or was not used as alleged.
Missouri law requires the government to follow specific procedures when it seizes property for forfeiture. In certain circumstances, an officer may seize property without first obtaining a forfeiture writ, which is a court order authorizing the seizure. This may occur during a lawful arrest, search, or inspection when the officer has probable cause to believe the property is subject to forfeiture and may be lost or destroyed if not seized.
After a seizure made without a writ, the officer generally must report it to the appropriate prosecuting attorney or attorney general within four days. If forfeiture is warranted, the prosecutor or attorney general generally must file a petition within 10 days after receiving notice of the seizure. The court may grant limited extensions.
We can review how and when your property was seized, the subsequent reports, and the court filings in the case. Missing a required deadline or failing to follow another procedure may provide grounds for challenging the forfeiture.
You may have rights in seized property even when the government alleges that someone else used it in criminal activity. Missouri law protects an “innocent party”—a person who did not have actual knowledge that the property was used or intended for criminal activity or was derived from criminal activity. The statute’s innocent party protections may apply to owners, lienholders, or others with a recognized interest.
A person claiming an interest generally must intervene in the forfeiture proceeding before final disposition. Ownership records, titles, loan documents, and purchase records may help establish your interest.
We can review your relationship to the property and the circumstances surrounding its alleged use to determine whether innocent-party protection or another ownership claim may apply.
Missouri law provides several ways for parties to challenge a CAFA forfeiture case. Under Section 513.612, any party may file one motion to dismiss, and the court must hear and rule on that motion within 10 days. You or the government may also request a jury trial.
Related criminal charges can affect what happens to the property. Under Section 513.617, when criminal charges arising from the same activity are filed against someone claiming an interest in the property, the court generally stays the forfeiture case until the criminal charges are resolved.
In that situation, the property generally cannot be forfeited unless the person charged is found guilty of or pleads guilty to a substantially related felony. We can review the relationship between the criminal and forfeiture cases and explain how the two proceedings may affect one another.
If federal authorities are pursuing your property, different rules and deadlines may apply. The U.S. Department of Justice explains that federal civil forfeiture is a case against the property itself. The government generally must prove by a preponderance of the evidence that the property is subject to forfeiture. Its federal forfeiture guidance also discusses civil forfeiture and innocent-owner claims.
Federal law recognizes an innocent-owner defense, but the requirements can depend on when and how you acquired your interest in the property. Federal forfeiture proceedings also have their own procedures and deadlines for filing a claim or contesting the government’s action.
We can review the notices and filings, determine whether Missouri or federal law applies, and identify the steps required to contest the forfeiture.
Defending against asset forfeiture requires examining why the government seized your property, what evidence connects it to alleged criminal activity, and whether officials followed the required procedures. Your ownership interest and records showing the property’s lawful source or use may also affect your defense.
At Law & Schriener, LLC in Clayton, Missouri, we represent clients in asset forfeiture and criminal matters throughout Missouri and Illinois. Our attorneys can examine the seizure and the government’s evidence and identify possible grounds for challenging the forfeiture. Contact us today to schedule an initial consultation.
Asset forfeiture under Missouri's Criminal Activity Forfeiture Act (CAFA) is a civil proceeding in which the government seeks ownership of property it claims is connected to certain criminal activity. If you also face criminal charges, the two cases address different issues.
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