Sapone and Petrillo, LLP

Criminal Defense Law Firm

New York: 646-844-3445
Long Island: 516-678-2800

Sapone and Petrillo, LLP
New York: 646-844-3445
Long Island: 516-678-2800
Asset Forfeiture

Protecting Your Rights And Your Future

Asset Forfeiture Defense Lawyers

Last updated on May 19, 2026

When your property is seized as part of an investigation, it may seem that you are up against an impossible obstacle. Depending on the situation, your property can even be taken without a warrant. The loss of this property can make daily life a struggle, but having an experienced attorney by your side can help you defend yourself against asset forfeiture.

At Sapone & Petrillo, LLP, our experienced trial attorneys understand the struggle you face when your assets are seized by the government. Our New York firm has served those facing criminal charges for decades and will aggressively defend you and your property when it has been seized as a part of an investigation.

What Is Asset Forfeiture?

Asset forfeiture is a legal action by which the government, either state or federal, may seize property from individuals that they believe was used in the course of criminal activity. There are generally two types of asset forfeiture, one in civil court and one in criminal court. Criminal asset forfeiture is primarily used by the federal government after an individual has been convicted of a crime. Civil asset forfeiture, the more common form, occurs when the state sues a person’s property directly under the belief that it has been used in connection with a crime. It does not require that a person be arrested, charged or convicted of a crime to occur.

Because the state is suing the accused person’s property, they are allowed to defend their ownership by proving in court that they did not acquire or use the property in connection with a crime, which places the burden of proof on them. This has led to criticism that the system is an unfair inversion of the normal due process rights afforded to criminal defendants and is used as a revenue-generating system by local police who can retain a large portion of the proceeds of assets sold at auction.

In New York, asset forfeiture can take both forms, civil and criminal. For civil asset forfeitures, the government has a lower standard of proof to seize property – namely that a preponderance of the evidence shows that the property was either used in connection with a crime or was acquired as a result of a crime.

The Reasons For Asset Forfeiture

Money, bank accounts, investments, jewelry, vehicles, real estate and even professional licenses can be claimed by the government as a part of asset forfeiture. This property is usually subject to forfeiture for one of two reasons:

  • The authorities suspect that it came into your possession as a result of illegal activities or through spending money that you gained unlawfully.
  • The police or government suspect that the asset was involved in the commission of a crime.

In these cases, it is up to you and your legal counsel to build a case to defend against these seizures, and has the legal skill needed to build that defense. We will ensure that any necessary deadlines are met, and we will carefully examine the particulars of your case to build a defense that addresses your needs, your situation and whether your rights were infringed by the authorities.

Types Of Asset Forfeiture Cases We Handle

At our firm, we help those who are accused of a wide range of crimes defend their property from unfair asset forfeiture. These can range from:

Our team of seasoned litigators and criminal defense attorneys has developed a high degree of knowledge and skill in relation to both state and federal asset forfeiture cases. We are sought specifically for our work in federal cases, where we can take complex financial assets and defend them from government overreach.

Federal Versus State Asset Forfeiture: What’s The Difference?

Generally speaking, both the federal and state governments can seek asset forfeiture, and the process by which they accomplish this is different. For federal cases, the FBI, IRS, DEA and other similar law enforcement agencies may seek to seize assets that are believed to have been used in connection with a crime. The government is required to follow strict notification and filing deadlines to lawfully perform a seizure; otherwise, they are required to return the seized property. Federal cases tend to involve complex, high-stakes charges such as RICO charges for organized crime, federal drug crimes and financial crimes.

In New York, there are similar notice and filing requirements that the state must follow in order to seize property. In 2019, an asset forfeiture reform law was passed that provided greater protections for individuals in the process of an asset forfeiture action, as well as restrictions on the ways that law enforcement may freeze financial assets needed by defendants for their legal and living expenses.

Protect Your Property Today

Fight back against asset forfeiture and protect your private property today. Contact us online or call 646-844-3445 to speak to an experienced lawyer about the options available to you.