Asset forfeiture refers to situations in which government officials forfeit a person’s or organization’s funds and / or goods which the officials consider to have been proceeds of or instruments in crime or wrongdoing. In the New York District, attorneys can forfeit such valuables, but it is difficult for them to legally pursue real property such as the family home.
At Goldberger & Dubin, P.C., our attorneys have previous experience as prosecutors. This means that we have an edge in defense because we are familiar with the approaches and tactics prosecutors use in order to win. As a result, we are able to build solid cases that fight for the best possible outcome on behalf of our clients. With over 75 years of combined experience at your disposal, you can trust that you will be well-represented and efficiently guided through every step of your case.
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Generally speaking, prosecutors in New York are able to exercise criminal forfeiture in drug and organized crime cases far easier than in other kinds of criminal cases. New York statutes governing criminal forfeiture, such as New York Penal Law Article 480, requires that prosecutors prove the forfeit-ability of assets beyond a reasonable doubt, a much higher standard than by a preponderance of the evidence.
New York State officials can go after ill-gotten gains such as:
Despite the fact that criminal and civil asset forfeiture cases are rare in the state of New York, they do occur. If you are the subject of an asset forfeiture case, you can be sure that the state will do everything in its power to win.
New York’s Organized Crime Control Act of 1986 also deals with civil and criminal forfeiture, and also requires that prosecutors prove their case beyond a reasonable doubt. Due to the difficulties instituted by these laws, such as its requiring the prosecutor to present evidence that the property in question is subject to forfeiture, and the fact that the grand jury must then vote to seek forfeiture, forfeiture cases are relatively rare.
Another situation in which you may experience forfeiture is at the hands of Customs and Border Protection (CBP). Our firm can help you petition for relief from forfeitures of merchandise that occurred while you were dealing with CBP.
Federal civil forfeiture has been a hotly-contested topic. Essentially, civil forfeiture allows the federal government to seize property, money, goods, or other possessions from an individual. While this is only supposed to happen if probable cause of illegal activity and wrongdoing exists, occasionally an abuse of power occurs.
Generally speaking, search and seizures require a warrant. Otherwise, a violation of the Fourth Amendment of the Constitution could be the result. While some situations lend themselves to a search without a warrant, the majority do not. Our skilled attorneys can help you determine whether your constitutional rights were violated in an unlawful search and seizure.
You need a defense team that will work around the clock in order to protect you and your assets. With the dedicated attorneys from Goldberger & Dubin, P.C., that's just what you'll get. We devote enormous amounts of time to each of our clients, ensuring that they benefit from our guidance and that we are able to accurately represent their needs and circumstances to the best of our ability. This approach has helped us establish a track record of success.