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Are you facing federal asset seizure or forfeiture? Learn why an investigation plan with a defense attorney is critical.

Home / New York City Federal Asset Seizure and Forfeiture Lawyer

New York City Federal Asset Seizure and Forfeiture Lawyer

Federal agents do not knock on your door to negotiate. When the government moves to seize assets, it acts fast, it acts decisively, and it does so under a body of law that heavily favors the prosecution’s ability to freeze and forfeit property before a single criminal charge is ever filed. If you are reading this because the government has already seized bank accounts, real estate, vehicles, cash, or other property, you are in a race. The window to challenge that seizure, preserve your rights, and fight to recover what was taken is narrow and unforgiving. A New York City federal asset seizure and forfeiture lawyer who understands both the substantive law and the procedural mechanics of federal forfeiture is not optional at this point, it is essential.

Federal forfeiture law in New York is litigated primarily in the Southern District of New York and the Eastern District of New York, two of the most active and consequential federal courts in the country. Cases arising from financial crimes, narcotics trafficking, public corruption, wire fraud, and money laundering all carry serious forfeiture exposure. So do investigations that never result in criminal charges. Civil forfeiture allows the government to pursue your property as the defendant in a lawsuit, without ever charging you personally with a crime. That distinction matters enormously, and it changes the strategic calculus completely.

What the government cannot take is the property of someone who was prepared, represented, and ready to fight. Federal forfeiture law provides real mechanisms to challenge seizures, assert innocent owner defenses, contest the government’s nexus theories, and recover assets wrongly swept into the government’s net. Those mechanisms work, but only when someone who knows how to deploy them is standing in your corner at the right moment.

How Jason Goldman Approaches Federal Forfeiture Defense

Jason Goldman built his reputation as a former Brooklyn prosecutor who understands exactly how the government builds its cases, and that prosecutorial foundation is particularly relevant in forfeiture defense. The government’s theory of why it is entitled to your property follows a specific logic, one that can be dismantled when someone with firsthand knowledge of how that logic is constructed takes it apart piece by piece. Mr. Goldman has tried over 25 cases to verdict and has represented clients at every stage of criminal litigation, from pre-arrest investigations through trials and appellate practice. That full-spectrum experience matters in forfeiture cases, where the fight may unfold simultaneously across criminal charges, civil forfeiture proceedings, and ancillary administrative claims.

Described by the New York Post as “high-powered” and by WABC’s Sid Rosenberg as “brilliant,” Mr. Goldman has handled some of the most significant and high-profile cases in New York and beyond. His clients include corporate executives in finance, real estate, and hospitality, precisely the industries where large-scale federal forfeiture actions most frequently arise. He has been recognized as a New York Super Lawyers Rising Star and is a member of the National Association of Criminal Defense Lawyers, the New York State Association of Criminal Defense Lawyers, and the New York City Bar Association’s Criminal Courts Committee. For someone facing a federal forfeiture action where the assets at stake represent a business, a home, a career, or a family’s financial security, the federal asset forfeiture attorney handling the case needs to operate at this level.

Mr. Goldman’s approach extends well beyond the courtroom. He coordinates with private investigators, forensic financial experts, and trusted advisors to build the most complete picture of how the government assembled its case and where its theory breaks down. On sensitive matters, he also manages the public dimension strategically, protecting clients’ reputations while the legal fight plays out.

Federal Forfeiture Actions That Arise in New York Cases

  • Criminal Forfeiture: Attached directly to a criminal prosecution, this form of forfeiture requires the government to obtain a conviction first, then proceed to a separate forfeiture determination. The assets subject to forfeiture must have the required nexus to the charged offense, and that nexus is frequently contested.
  • Civil Forfeiture: The government sues the property itself, not the owner, using the legal fiction that the asset is the defendant. No criminal conviction or even criminal charge is required. Property owners must affirmatively assert their ownership rights and challenge the seizure within strict statutory deadlines or the property is forfeited by default.
  • Administrative Forfeiture: For seized property below certain value thresholds and for certain categories of goods, federal agencies can pursue forfeiture through an administrative process without any court involvement unless the owner files a timely claim to contest it.
  • Pretrial Asset Freezes and Restraining Orders: Even before formal forfeiture proceedings begin, the government can obtain court orders freezing assets it intends to ultimately forfeit. Challenging these restraints early, before they calcify into a formal judgment, is one of the most critical interventions available to an experienced federal forfeiture attorney in New York.
  • Money Laundering Forfeiture: Federal money laundering statutes carry particularly broad forfeiture authority, allowing the government to pursue not just the proceeds of the laundered activity but also property involved in or traceable to the laundering transactions themselves. Cases arising from the financial industry, cryptocurrency transactions, and real estate investments frequently carry this exposure.
  • Drug Trafficking Forfeiture: Federal narcotics cases routinely include forfeiture allegations covering proceeds, property purchased with proceeds, and sometimes property used to facilitate the offense. The government’s tracing methodology in these cases is often vulnerable to challenge.
  • Innocent Owner Defense: Federal law provides a specific statutory defense for owners who can demonstrate they had no knowledge of the conduct giving rise to the forfeiture, or took all reasonable steps to terminate any such conduct. Building an effective innocent owner defense requires both factual investigation and precise legal framing.
  • Third-Party Interests in Forfeited Property: Mortgages, business partners, family members with legitimate ownership interests, and creditors with liens on seized property all have procedural rights within a forfeiture proceeding. Asserting and protecting those interests requires prompt action through the ancillary proceeding process.

What Happens When Federal Agents Seize Your Assets

The first hours and days after a federal asset seizure are the most consequential. Whether agents executed a seizure warrant at your home or business, froze your accounts through a bank levy, or notified you through a formal seizure notice, your response window begins immediately. In administrative forfeiture cases, the deadline to file a claim contesting the seizure and forcing the matter into federal court is measured in weeks, not months. Missing that deadline forfeits your right to contest the action in court. There is no extension, and there is no second chance.

Cases arising from federal forfeiture actions in New York are handled in either the United States District Court for the Southern District of New York, located at 500 Pearl Street in Manhattan, or the United States District Court for the Eastern District of New York, located at 225 Cadman Plaza East in Brooklyn. The specific district depends on where the underlying conduct is alleged to have occurred and where the relevant federal agency is located. The U.S. Attorney’s Office for each district maintains dedicated forfeiture units staffed by prosecutors who handle these cases regularly. You should be represented by someone who understands how those offices operate and how they approach these specific cases.

Gather documentation now. Bank records, business records, property titles, loan documents, and any paper trail showing the legitimate source of the seized assets all become the raw material of your defense. Do not communicate with federal investigators or prosecutors without counsel present. Statements made during the course of a forfeiture investigation can and do surface in subsequent criminal proceedings. The two types of cases are strategically intertwined in ways that are not always obvious, and a misstep in one can damage your position in the other. A New York federal forfeiture attorney who has handled both the criminal and civil dimensions of these cases will recognize those connections before they become problems.

Currency) Administrative Forfeiture Handled entirely by the seizing agency (DEA, FBI, Customs, IRS, etc.) without court involvement Only available for property valued at $500,000 or less, and for certain categories of property (currency, vehicles, etc.) Property owner must file a claim within strict deadlines (typically 35 days) or the forfeiture becomes final by default If a proper claim is filed, the case must be referred to court and proceeds as civil judicial forfeiture Most common type of federal forfeiture due to streamlined process What Assets Can and Can’t Be Seized?

The Government’s Forfeiture Playbook and Where It Fails

Federal prosecutors pursuing forfeiture rely on several theories that, while broad in reach, are not invulnerable. The government must establish a nexus between the seized property and the alleged criminal activity. In financial crime cases, this often comes down to tracing, proving that money flowing through accounts had its origin in criminal conduct rather than legitimate sources. Tracing methodology is a technical discipline, and it is frequently flawed. When funds are commingled, when there are multiple sources of income, or when the government makes assumptions that don’t hold up to forensic accounting scrutiny, those weaknesses can be exposed through expert analysis.

The proportionality argument is another tool in the defense arsenal. Federal law and constitutional doctrine place limits on forfeitures that are grossly disproportionate to the underlying offense. While courts have set a high bar, egregious cases, particularly where the government seeks to forfeit property far in excess of any provable proceeds, can be challenged on this ground. Similarly, where the government’s theory relies on circumstantial inferences rather than direct evidence of the asset’s connection to criminal conduct, a precise evidentiary challenge can be determinative.

Perhaps the most underutilized defense in federal forfeiture cases is the petition for remission or mitigation filed directly with the seizing agency. Before or alongside judicial proceedings, a well-crafted petition presenting mitigating facts about the owner’s role, knowledge, and conduct can result in the return of seized assets without the cost and delay of full litigation. This is not a substitute for aggressive judicial advocacy, but it is an additional channel that should be evaluated in every case. The federal forfeiture attorney in New York handling your matter should be conversant in all of these avenues and should be making strategic decisions about which to pursue, in what order, and with what timing.

Questions About Federal Forfeiture in New York

Can the government seize my assets before I am charged with a crime?

Yes. Civil forfeiture does not require a criminal charge or conviction. Federal agencies can seize property they believe is connected to criminal activity and pursue forfeiture through a civil action where the property itself is the defendant. The owner must take affirmative steps to contest the seizure or the property will be forfeited.

How quickly do I need to respond after a federal asset seizure?

In administrative forfeiture proceedings, federal law sets strict deadlines to file a claim contesting the seizure, typically 35 days from the date of a personal notice letter or from the first date of published notice. Missing this deadline eliminates your right to challenge the forfeiture in federal court. These are not soft deadlines, and they cannot be extended by agreement.

What is the difference between the Southern District and Eastern District of New York for forfeiture cases?

The Southern District of New York, covering Manhattan, the Bronx, and several surrounding counties, handles forfeiture cases arising from conduct occurring within its jurisdiction, which frequently includes Wall Street financial crimes, federal drug cases, and public corruption matters. The Eastern District, covering Brooklyn, Queens, Staten Island, Nassau, and Suffolk counties, handles cases arising from its territory. The choice of district affects which prosecutors and judges handle the case, and the practices of each office can differ in meaningful ways.

What does “innocent owner” mean in a federal forfeiture case?

Federal forfeiture law includes a statutory defense for property owners who can demonstrate they were innocent of the underlying conduct. An innocent owner is someone who either had no knowledge of the illegal activity, or who upon learning of it took all reasonable steps to terminate it. Spouses, business partners, and family members who owned or co-owned property that was seized but were not involved in any criminal conduct can assert this defense.

Can business accounts and corporate assets be seized in a federal forfeiture action?

Yes. Federal forfeiture authority extends to corporate accounts, business real estate, receivables, and other business assets when the government alleges they represent proceeds of or were used to facilitate criminal activity. Forfeiture of business assets can effectively shut down a company, which is why early intervention by a federal asset forfeiture attorney in New York is critical.

Will contesting the forfeiture make my criminal case worse?

This is one of the most important strategic questions in any parallel civil-criminal forfeiture case, and the answer requires careful analysis of the specific facts. Asserting a claim in a civil forfeiture proceeding can in certain circumstances create civil discovery opportunities that the government would use in the criminal case. On the other hand, failing to contest a forfeiture can result in permanent loss of assets that might be needed to fund your criminal defense. These competing considerations must be weighed by someone who understands both sides of the proceeding.

What happens to seized cryptocurrency in federal forfeiture cases?

Federal agencies, including the FBI, IRS Criminal Investigation, and Homeland Security Investigations, have developed substantial capacity to trace and seize cryptocurrency. Seized digital assets are typically converted to U.S. dollars through a government-managed liquidation process. Challenging cryptocurrency seizures requires both legal advocacy and technical forensic analysis, since the government’s blockchain tracing methodology is a relatively new discipline with real methodological vulnerabilities.

Can I use seized assets to pay for my defense attorney?

This is a significant and frequently contested issue. If the government freezes all of your assets through a pretrial restraining order, your ability to retain counsel of your choice may be impaired. Supreme Court precedent permits defendants to challenge asset freezes when those funds are needed to pay for criminal defense attorneys. A successful challenge requires demonstrating, at a hearing, that the restrained funds are not properly forfeitable and that they are needed for defense expenses.

What is a petition for remission in federal forfeiture and when should I use it?

A petition for remission is a request filed directly with the federal agency that seized the property, asking that the agency exercise its administrative discretion to return some or all of the assets. These petitions are evaluated by agency forfeiture counsel and can result in the return of property without full federal court litigation. They are most effective when the facts support a genuine mitigation argument and when the legal case for full recovery is uncertain. An experienced federal forfeiture lawyer in New York will evaluate whether a remission petition should be pursued alongside or instead of judicial proceedings.

Is forfeiture possible even if I am acquitted at trial?

In civil forfeiture proceedings, an acquittal in a parallel criminal case does not automatically result in the return of seized property. Because civil forfeiture operates under a preponderance of the evidence standard rather than the reasonable doubt standard applicable in criminal cases, the government can sometimes continue to pursue forfeiture even after a not-guilty verdict. The practical and strategic implications of this dynamic should be addressed at the outset of any representation.

Federal Forfeiture Representation Across New York City and the Surrounding Region

The Law Offices of Jason Goldman represents clients facing federal asset seizure and forfeiture actions throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. From the Financial District and Midtown to Harlem, Astoria, Flushing, Bay Ridge, Greenpoint, and Bushwick, the firm serves clients across all five boroughs. Clients from the Bronx neighborhoods of Riverdale, Fordham, and Pelham Bay, as well as those from neighborhoods throughout Lower Manhattan including Tribeca, SoHo, and Battery Park City, have retained the firm for high-stakes federal matters. The firm also extends its federal criminal and forfeiture defense representation to clients in Westchester County, including White Plains, Yonkers, and Mount Vernon, as well as Nassau County communities including Garden City, Hempstead, and Great Neck. Suffolk County residents from Hauppauge, Huntington, and Babylon who face proceedings in the Eastern District of New York are also served. Clients in New Jersey who face federal prosecution and parallel forfeiture actions in courts connected to New York can retain the firm, which holds bar admission in New Jersey. Through pro hac vice admission, the firm’s representation extends throughout the country for matters of sufficient significance.

New York City Federal Forfeiture Attorney Ready to Fight for Your Assets

Federal forfeiture is not a paperwork problem. It is a legal fight against a well-resourced government with broad statutory authority and a procedural advantage built in from the start. What changes the outcome is the quality and timing of the response. If the government has moved against your assets, or you have reason to believe a federal investigation may be looking at your finances or property, reaching out to a New York City federal forfeiture attorney now, before formal proceedings advance further, is the single most important step available to you. Jason Goldman has represented clients at the highest stakes, in the most demanding forums, against the most formidable opponents this city and this country have to offer. Call The Law Offices of Jason Goldman to discuss your situation.

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