Challenging the Government’s Case in Asset Forfeiture Proceedings

 Posted on September 14, 2025 in Asset Forfeiture

When your assets are at risk of forfeiture, it may feel as though the government has already won. The process can move quickly, and it often seems like the odds are stacked against you. However, federal law provides specific defenses that can be raised in court. With the help of experienced Dallas, TX asset forfeiture lawyers, you may be able to protect your property and challenge the government’s case.

How Does Federal Law Define Asset Forfeiture?

Asset forfeiture is the process the government uses to seize property connected to alleged criminal activity. Under 18 U.S.C. § 981, the federal government can pursue civil forfeiture against property tied to money laundering, wire fraud, and other financial crimes. Property can be seized even if you have not been charged. Criminal forfeiture, on the other hand, is part of the sentencing process following a conviction and is authorized by 21 U.S.C. § 853.

In civil forfeiture cases, the government sues the property itself, not the owner. This makes the case both unusual and challenging, as the government only needs to prove by a preponderance of the evidence that the property is connected to crime. The lower burden of proof makes it easier for prosecutors, but defendants are not without options.

What Is the "Innocent Owner" Defense Against Asset Forfeiture?

One of the strongest protections available is the "innocent owner" defense. Property cannot be taken if you can show that you were unaware of any illegal activity or that you tried to stop it once you discovered it. For instance, if a business partner committed fraud without your knowledge, you may be able to argue that your ownership interest should not be forfeited. For this defense to work, you need documentation, such as bank statements, correspondence, or business records that demonstrate you acted in good faith and were not involved in any unlawful conduct.

Other Common Defenses Used To Challenge Asset Forfeiture Proceedings

Beyond the innocent owner defense, several other arguments may be available to protect your assets:

• Insufficient connection to crime: You can argue that the government has not shown a strong enough link between the property and illegal activity.

• Constitutional violations: If law enforcement violated your Fourth Amendment rights through an unlawful search or seizure, the forfeiture may be invalid.

• Disproportionality: Courts may prevent forfeiture under the Eighth Amendment if taking the property would amount to an excessive fine, meaning the value seized is far greater than the seriousness of the offense.

• Procedural errors: Asset forfeiture cases involve strict deadlines and requirements. If the government fails to follow the correct process, you may be able to have the case dismissed.

• Statutory defenses: Some federal statutes limit what can be forfeited or provide protections for certain types of property, such as a primary residence or funds needed for basic living expenses.

These defenses depend on the unique details of your situation, and having an experienced attorney by your side can make all the difference. A knowledgeable lawyer can look closely at your case, find the strongest arguments, and fight to protect what matters most to you.

Schedule a Free Consultation With a Dallas, TX Asset Forfeiture Attorney Today

If you are facing asset forfeiture, we can help. The Dallas, TX asset forfeiture lawyers at Spencer & Associates will evaluate your case and help you understand your legal options. The attorneys at our firm aim to resolve cases without drawn-out litigation whenever possible, but we are fully prepared to fight in court when necessary.

Attorney Arnold Spencer has been selected to Super Lawyers every year since 2020, while Attorney M. Andrew Stover brings more than 34 years of experience in criminal law. Together, they focus on protecting clients’ property and preparing them with realistic expectations while pursuing the best possible outcome.

Contact our office today at 214-385-8500 to schedule your free consultation and learn how we can help you stand up to the government in asset forfeiture proceedings.