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Asset Forfeiture

By Jonathan B. New and Christy Nixon
March 28, 2013

Last month, we began discussion of the Department of Justice's (DOJ's) increased use of asset forfeiture and pursuit of higher-value forfeitures when it is prosecuting economic crimes. Sometimes when the alleged “ill-gotten gains” are restrained or seized prior to the criminal trial, the accused is left without sufficient funds to pay counsel. In other cases, assets rightfully belonging to third parties are affected. In such cases, although the laws are written to favor the government's interests, those whose assets are (or may be) seized have some options.

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