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Dallas Asset Forfeiture Lawyer

Legal Help With Seized Property in Texas

Asset forfeiture can leave you in a very difficult situation, financially and otherwise. In general, the doctrine of asset forfeiture holds that any property suspected to have been obtained through profit from criminal activity, as well as any property suspected of being used in furtherance of criminal activity, can be seized by law enforcement - and never returned. This means that if the government believes that you bought your house with money you embezzled, they can seize your house. If they believe that you are using your car to transport illegal narcotics, they can seize your car. You do not have the right to be compensated for the loss of your assets - in fact, even currency can be seized. This rule of law essentially holds that a person forfeits any assets they obtained illegally or used to commit crime.

Spencer & Associates understands the challenges you may face after having your property or money seized. You may be left with little to live on until your case is resolved. You likely want to reclaim what was taken from you, especially if the assets seized were acquired through legitimate activities. Many people whose assets are taken through asset forfeiture will also face criminal charges in cases where there is enough proof of the alleged crime to open the door to prosecution. It is important that you contact an attorney as soon as you are told that your assets have been forfeited. There may be steps a lawyer can take immediately to protect your rights and help you recover your property.

Understanding Asset Forfeiture

Asset forfeiture can happen at the state or federal level. Essentially, all that is required for the police or federal law enforcement to seize your property is that they suspect your assets are somehow related to unlawful activity. For example, if you profited from securities fraud, the government may confiscate anything they believe you purchased using your profit from illegal stock market activity.

Automobiles and currency are two of the most commonly seized items. When someone is in possession of a large amount of cash, the government may suspect that it was earned through illegal activity, like selling narcotics. Traffic stops can very quickly turn into an asset seizure situation if the police have any reason to suspect that you were using your car to commit an offense.

In more serious white collar crime investigations, law enforcement may come to your home to confiscate certain property it believes was acquired through fraud or other offenses. Criminal charges may or may not be filed. Whether formal criminal charges are filed has little bearing on the legality of asset seizure.

You may be considered to have forfeited your assets if the government believes they were acquired as a result of:

  • Tax evasion - You may also be sued under the False Claims Act for any money you unlawfully avoided paying to the government. Anything you purchased with that money can be forfeited.
  • Insurance fraud - Filing a fraudulent claim with an insurance company can lead to the confiscation of any money paid out and anything you used that money for.
  • Credit card fraud - Anything purchased with a credit card you did not have the right to use can be taken.
  • Securities fraud - Illegal activity related to the stock market can be profitable, but anything procured with those profits is subject to asset forfeiture.

If you have had an asset seized under asset forfeiture laws, it is important to contact a lawyer immediately. Asset forfeiture could be a sign that you are about to be prosecuted for a white collar or narcotics crime.

Contact a Dallas Asset Forfeiture Lawyer

If your assets have been seized, Spencer & Associates can help. Our experienced asset forfeiture and criminal defense lawyer will do all he can to win you your assets back and to fend off any criminal charges that are levied. To get started today with a free consultation, please contact us at 214-385-8500.

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