Criminal & Civil Forfeiture

Criminal and Civil Forfeiture

Federal and state prosecutors often seize real or personal property and seek asset forfeiture from individuals believed to be profiting from illegal activity. Although Mr. Sherman handles criminal forfeiture cases, they are rare because they require a criminal conviction. Therefore, prosecutors often choose to bring actions under civil forfeiture law in the majority of cases.

Criminal Forfeiture Requires

  • A criminal conviction
  • Proof that the assets or property have a sufficient relationship to the illegal activity. Civil Forfeiture Differs In That

Civil Forfeiture Differs In That

  • No criminal conviction is necessary, and in many cases, there is not even a criminal charge against the legal owner of the assets or property
  • The government attorneys must establish, by a preponderance of the evidence, that the property in question has a sufficient relationship to illegal activity to justify forfeiture
  • Most forfeiture cases are federal. California forfeiture statutes are somewhat different and provide greater protection for owners of real and personal property in most cases. Most individuals in the United States do not understand or are not even aware of how much power the government has to seize the assets and property of its citizens under civil forfeiture law. Mr. Sherman has helped hundreds of individuals regain their seized property.
  • Civil forfeiture actions are not taken against the owner of the assets or property, but against the assets and property themselves


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Contact the Law Offices of Victor Sherman today.