Under certain circumstances, a party who is alleged to have engaged in civil or criminal wrongdoing may be compelled to forfeit – or give up – property that was either used in the commission of a wrongful act or derived from the commission of the wrongful act. There are certain defenses to such actions that may be available to a defendant, particularly where the defendant was not involved in any wrongdoing or where there is a lack of connection between the property sought and the alleged wrongdoing.
Mr. Millman has handled forfeiture cases in both civil and criminal actions and is familiar with the procedural options available in such cases. Actions seeking forfeiture are especially difficult for the client, who often faces not only a pending civil or criminal case, but the prospect of losing property in addition to other penalties available under the law for the initial violation of law alleged. Moreover, governments in such cases will often act swiftly and one faced with the loss of property in such a situation may be required to act within a short period of time to protect his or her property rights. For this reason, retaining counsel at an early stage of such an action is critical.