Below you will find the answers to questions that are frequently asked us regarding civil asset forfeiture recovery.
QU: Should I hire a lawyer to get my money back, or will law enforcement go after me on criminal charges if I hire a lawyer?
ANS: National statistics show the government does not decide to criminally prosecute simply because an individual subject to seizure makes a hardship claim (see, e.g., article that covers this point).
QU: How long does it take to get my money back?
ANS: The smaller the amount of money, the faster the case proceeds, resulting in settlement in 90 days from the date of retaining us; cases of $1 million or more, track on a different calendar and can take a year or more to resolve.
QU: How do you get paid?
ANS: In certain cases we take a flat rate legal fee in others we take a contingent interest in the litigation compensating us at the end of the case.
QU: Do you practice in state court?
ANS: Most of our practice is in the United States District Court, known as the federal court. For certain clients depending upon our relationship with the state, we will enter our appearance of counsel.
QU: Does Attorney Nathan travel throughout the United States, appearing in all United States District Courts?
ANS: Yes, and we have relationships with lawyers who have offices throughout the United States, excluding Alaska, and this is called appearing pro hac vice.
QU: Do you ever lose your case?
ANS: Not really, these cases usually settle prior to trial. National statistics show that 98% of all litigated matters in the United States District Court settle prior to trial.
QU: Are you experienced in federal civil asset forfeiture litigation?
ANS: Yes; we also co-counsel with corporate law firms throughout the United States for matters involving $1,000,000+ .
QU: Will I have an opportunity to review settlement documents?
ANS: Yes and you will have to sign settlement documents before the settlement proceeds, as well.
QU: Should I make a request for remission or mitigation of forfeiture?
ANS: Normally such a petition with the forfeiture counsel of the Federal Government agency results in a useless federal hearings officer deciding your case, and they always side with law enforcement so we normally request that you contest the forfeiture of the seized property in the United States District Court.
QU: I am late in filing my contest form, is there anything you can do?
ANS: No. There is no such thing as default removal in civil asset forfeiture litigation.
QU: I am also being prosecuted criminally, does this mean there will be a delay in settling the civil forfeiture count in the indictment against me?
ANS: We normally recommend that you engage us to represent you in all facets of the litigation against you, resulting in a global settlement.
QU: Are you experienced at what you do?
ANS: Yes. We have represented dozens of clients in matters involving tens of millions of dollars seized or frozen of the US Government.