Many of our clients ask the same question – “What kinds of cases have you taken in the past, and what was the outcome in those cases?” If you would like to view our past case results for the felony and misdemeanor cases listed here, please consider the following facts:
The Florida Bar does not approve or routinely review case results posted by attorneys.
The circumstances of your case may differ from those discussed here.
Not all case results are listed here.
The case results discussed here do not necessarily represent the results obtained in all cases.
Each case is different and must be evaluated and handled on its merit.
$78,000
Cash Recovered after Seizure by DEA at JFK International Airport
October 2020
The DEA seized more than $78,000 in cash from a traveler at the JFK International Airport. After we were retained, we took steps to preserve any surveillance video of the initial detention. We were then contacted by an Assistant United States Attorney
When the federal government seizes property alleging the property is connected to illicit activity, the property owner must act quickly to intervene as the claimant and pursue legal action to recover the property. Civil asset forfeiture laws allow the government to commence proceedings against the property without charging the property owner with a crime.
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Submit this form to request a free and confidential consultation with one of our attorneys.
Sammis Law Firm is ready to act quickly on your behalf to claim your seized property and have it returned.
Airport cash seizures
Cash seizures at airports have been occurring more frequently in recent years to people traveling with over $10,000 in cash. If your cash was seized by a government agency at an airport, act quickly to preserve your right to claim your property.
Sammis Law Firm works to recover cash and other property that was seized by a federal agency at any airport in the United States, including each of the following:
Serving all federal jurisdictions in the United States, Sammis Law Firm is ready to take action quickly to recover cash that was seized by a government agency at an airport.
Seizures of cryptocurrencies can happen as the result of a warrant and often involve a user’s account at a centralized exchnage (CEX). Some or all of the digital assets in the account can be seized and subjected to forfeiture proceedings. Major crypto exchanges include:
Binance
Bybit
Coinbase
OKX
Kraken
MEXC Global
Gate.io
Cases involving a seizure of Bitcoin or other digital assets often involve detailed analysis of on-chain data to determine how funds have moved across multiple wallets or blockchains. Sammis Law Firm is experienced in recovering the seized property by litigating on behalf of the claimant.
Attorneys Jason and Leslie Sammis are the founders of Sammis Law Firm and are experienced representing property owners in civil asset forfeiture cases. Our attorneys have been successful in recovering millions of dollars worth of property on behalf of property owners.
If you received a Notice of Seizure of Personal Property or a Notice of Right to Adversarial Preliminary Hearing, you must act quickly!
In state forfeiture cases, you must request an adverse preliminary hearing in writing within 15 days.
In federal cases, you must file a verified claim within 35 days to preserve your rights.
The deadlines are unforgiving.
Welcome to sammis law firm
The purpose of civil asset forfeiture statutes is to deter crime by taking the profits of crime away from the criminal. Forfeiture statutes at both the state and federal levels allow the government to take privately owned property without compensating the owners.
Those opposed to forfeiture laws argue that these actions invite corruption by law enforcement and trap the innocent when the net is cast too wide. Forfeiture actions can also involve the seizure of large amounts of cash or other property.
This article discusses several different types of civil asset forfeiture cases, including:
seizures by local law enforcement agencies at the state or county level usually involve filing a demand for an adversarial preliminary hearing (APH); or
seizures by federal agencies usually involve filing a claim for court action (early judicial intervention).
No matter the circumstances, our civil asset forfeiture attorneys fight for the immediate return of your money or property. In civil asset forfeiture cases, we represent victims, innocent owners, bailees, lienholders, mortgage holders, spouses, and landlords.
Attorney for Asset Forfeiture Cases in Tampa, FL
You must include a copy of the “Notice of Violation of Florida Contraband Forfeiture Act” with your written request. After receipt, the attorney for the agency must set the hearing within ten (10) days of the request. Don’t wait. When you get the notice, hire an attorney to file a written request for an adversarial preliminary hearing the same day.
At the federal level, the DEA, FBI, ICE, CBP, and Homeland Security Investigations (HSI) Agents seize cash and other valuable property at the airport, bus stations, and ports of entry. Immediately after the seizure, the agent is supposed to provide a written receipt.
In federal court, your attorney can file a verified claim for court action, which triggers a 90-day deadline for the Assistant United States Attorney (AUSA) to either return the property or file a lawsuit against it in federal court.
The attorneys at Sammis Law Firm in Tampa, FL, can help you demand an adversarial preliminary hearing, file a claim for court action, or negotiate the return of your property. We can sometimes help our clients get their property back within hours or days of filing the request for a hearing or court action.
As a preliminary matter, anyone bringing a claim to challenge the forfeiture must have standing. In Hudson v. City of Sunrise, 237 So. 3d 1031, 1034-35 (4th DCA 2018), the alleged claimants were required to prove bona fide ownership of the seized property in order to have standing in a forfeiture proceeding, citing §§ 932.701(2)(g)-(h) and 932.704, Fla. Stat.
In Velez v. Miami—Dade Cty. Police Dep’t, 934 So. 2d 1162, 1166 (Fla. 2006), the court recognized that any persons contesting a forfeiture must demonstrate a proprietary interest in the seized property subject to forfeiture.
Other property owners, including “innocent owners,” may also be provided with notice. You must act quickly if you have received notice that the state or federal government intends to forfeit your property.
You have fifteen (15) days in state action after receiving notice of the forfeiture to file a request for an adverse preliminary hearing to preserve all of your rights. The adverse preliminary hearing is one of the fastest and most effective ways to fight for the return of the property and assert any defenses in the case.
In far too many cases, the owners of the property do not take the appropriate action within the strict time limits allowed, and the state or federal government holds the property without a fight.
For forfeiture actions initiated by the Hillsborough County Sheriff’s Office (HCSO) or the City of Tampa Police Department (TPD), even in those cases in which the city or county does have a valid claim to the property, an experienced asset forfeiture attorney can often negotiate the return of the property for a fraction of the asset’s true value.
In other cases, the property can be released without any payment or with a small payment in exchange for signing a “waiver of damages” form. If you can not afford to lose your asset, whether it is cash, a vehicle, a firearm, or other property, contact an attorney who can explain your rights and devise a plan of attack.
Attempts to Circumvent the Right to an Adversarial Preliminary Hearing
In some cases, the police will attempt to frustrate a person’s right to contest the seizure by forcing them to sign a “Settlement Agreement and Release,” sometimes while the person is in handcuffs and surrounded by several armed law enforcement officers. The settlement agreement and release purport to assign all rights and interests in the seized property to the city or county agency in Florida.
The purported consideration in such an agreement is the city or county’s agreement not to proceed further with Forfeiture Proceedings. Under such an agreement, it says, “I hereby waive my rights to have the settlement reviewed by a judge, mediator, or arbitrator per Florida Statute 932.704(7).”
Even if you were forced to sign such a settlement agreement, you could still request an adverse preliminary hearing to contest the taking of your property subject to the seizure within the time period permitted by law.
Federal forfeiture actions are governed by the Comprehensive Crime Control Act of 1984. State forfeiture actions are governed by the Florida Contraband Forfeiture Act, Florida Statute Section 932.701-707.
Local governments, such as the City of Tampa, also have their own rules allowing forfeiture. The City of Tampa attempts forfeiture actions under Tampa’s Code of Ordinances, Section 14-27, which governs the forfeiture of the vehicle used to facilitate prostitution and drug-related crimes.
The Difference Between Civil and Criminal Forfeitures
Two procedures exist for forfeiture actions – criminal forfeiture or civil forfeiture. Civil forfeitures are becoming increasingly common for the state or federal government to attempt to take property because the rules for civil forfeiture actions are often easier for the state or federal government because no criminal prosecution or conviction is required.
In other words, even if you are never arrested for or ultimately exonerated of the criminal offense, the civil forfeiture may still succeed.
In a civil forfeiture proceeding, the state or federal government can bring suit against the property instead of suing the owner of the property. The property owner becomes a third party who asserts a claim to the property. To succeed, the state or federal government must first make a sufficient probable cause showing for the forfeiture of the property.
If that showing can be made, the property owner must prove by a greater weight of the evidence that probable cause does not exist to forfeit the property. A civil forfeiture proceeding does not depend on the criminal case’s outcome. On the other hand, in a criminal forfeiture action is dependent on a conviction because the criminal forfeiture proceeding is intended as punishment for the individual accused of a criminal act.
On December 22, 2008, the United States Attorney’s Office in the Middle District of Florida, Tampa Division, announced that it seized nearly $19 million dollars in cash, vehicles, and other assets during 2008.
The United States Attorney’s Office intends to distribute over $8 million from the forfeiture fund to various law enforcement agencies throughout the Middle District of Florida. The Pasco County Sheriff’s Office will receive $160,000.
Adverse Preliminary Hearing in State Court Forfeiture Actions
Hire an Attorney to request an Adverse Preliminary Hearing in State Court Forfeiture Action. Owners of seized property in state actions have more rights and a greater chance of getting the property back than if the property is subject to forfeiture by the federal government.
After an adverse preliminary hearing is requested in Florida State Court, the burden is on the city or county to prove that the property seized is adequately connected to the alleged criminal activity to constitute “contraband” under the forfeiture act. The city or county must meet this burden by clear and convincing evidence.
Read more about the seizure of vehicles for forfeitures.
The law provides for legal mechanisms that can force the return of your property. Defenses to forfeiture actions can include the following:
The true owner of the property is an “innocent owner” who had no knowledge of the criminal activity
The forfeiture is disproportionate to the crime alleged (excessive)
The law enforcement officer who seized the property was without probable cause
Florida is one of eighteen states that permits criminal forfeiture of assets. Florida criminal forfeiture laws attempt to deter several crimes, including:
Motions to suppress evidence are appropriate in civil forfeiture proceedings because the seizure and subsequent civil forfeiture of assets implicate the Fourth Amendment. Plymouth Sedan v. Pennsylvania, 380 U.S. 693, 702 (1965) (holding that the Fourth Amendment is applicable to civil forfeiture proceedings).
As a result, motions to suppress are appropriate in civil forfeiture cases….” United States v. $ 80,633.00, 512 F.Supp.2d 1196, 1202 (M.D. Ala. 2007).
Property that can be subject to forfeiture can include the following:
Contraband, such as illegal drugs and weapons
Objects used to commit the crimes, such as a vehicle used to transport drugs
Proceeds derived from the criminal activity, such as houses, vehicles, and business accounts allegedly funded or purchased with the proceeds and profits from illegal activities.
Property and assets can also be subject to a Florida Civil Forfeiture Proceeding under certain conditions including:
Vehicle forfeiture for any automobile used to transport drugs for any drug transaction.
Vehicle forfeiture for any automobile purchased with the proceeds of an illegal act, such as a drug crime.
Vehicle forfeiture for any automobile used in the course of a felony, such as a sexual assault, armed robbery, or burglary.
Asset forfeiture if the automobile, vessel, boat, or aircraft was used to transport or conceal certain items of contraband.
Asset forfeiture if a private home, residence, business, or warehouse used to store stolen merchandise or illegal drugs.
Vehicle forfeiture if a vehicle was driven by an individual who is driving on a suspended or revoked driver’s license that resulted from a prior conviction for driving under the influence (“DUI”).
Asset forfeiture of other property used in a drug transaction or is the proceeds of a felony drug offense such as the following:
Money or U.S. Currency;
Drug paraphernalia, marijuana or cannabis grow house equipment, drug scales, safes; or
Guns or firearms.
A civil forfeiture proceeding can begin even after the criminal forfeiture proceeding has started. Although Florida law provides for a board range of property subject to seizure, many protections to the owner of the property are also provided in the Forfeiture Act.
According to Florida Statutes Section 932.701-706, “Florida Contraband Forfeiture Act,” the stated purpose of the Act is to provide certain set procedures allowing law enforcement to seize and attempt forfeiture of assets, such as cash monies, automobiles, vessels, real property, aircraft, and other items.
Under the statutes, contraband can include controlled substances, drug paraphernalia, and money that has some connection to a criminal drug crime.
Contraband can also include any personal item used as an instrument of a felony offense, such as a vehicle, vessel, or aircraft, or money gained from the proceeds of a criminal act defined under the Florida Contraband Forfeiture Act.
Contraband can include real property, such as a house or land, a lease, or other interest in real property if the property was used during the commission of a felony or is the proceeds of a criminal act defined under the Florida Contraband Forfeiture Act.
If your property is subject to forfeiture in Tampa, Hillsborough County, Polk County, Pasco County, Manatee County, or Sarasota County, contact an experienced attorney for civil asset forfeiture cases to fight for the return of your assets and property.
Hire an experienced criminal defense attorney who can also fight for the return of your property in a forfeiture action.
Effective July 1, 2016, CS/CS/HB 889 amended the requirements that apply to seizure, the review of seizures, and forfeiture procedures in a number of ways. The new forfeiture rules extensively amended Sections 932.701 – 932.7062 relating to civil forfeiture.
The most important provisions in the new legislation allow for the seizure of property only if the owner of the property is arrested for a criminal offense that forms the basis for determining that the property is contraband.
The exceptions are that the owner of the property cannot be identified after a diligent search, the owner is a fugitive from justice or is deceased, an individual who does not own the property is arrested for a criminal offense, and the owner of the property had actual notice of the criminal activity, the owner of the property has agreed to be a confidential informant, or the property is a monetary instrument.
This statutory change is important in cases where the defendant may move for the return of the property and there is an issue of whether the law enforcement officer has properly begun forfeiture proceedings. The bill also contains many new procedural and administrative requirements for the seizing agency.
Forfeiture Endangers American Rights Foundation – An American nonprofit organization dedicated to reform of federal and state asset forfeiture laws to restore due process and protect property rights.
The Looting of America – Civil Asset Forfeiture – Visit the ISIL website to find a network of individuals and associations in over ninety (90) countries dedicated to building a free and peaceful world through the ideal of free markets, social tolerance, and individual responsibility. This article on the ISIL website was authored by Jarret B. Wollstein. The article describes how over two hundred (200) civil asset forfeiture laws enable police to confiscate a person’s home, bank accounts & business without a trial.
Seizures of Cash for Forfeiture in Georiga – The State of Georgia has harsh laws that help the state keep cash seized for forfeiture at the airport, bus station, train station, or highways under Chapter 16 of Title 9 of the Official Code of Georgia (“O.C.G.A.”). The procedures allowing law enforcement agencies to seize property for forfeiture are found in O.C.G.A. § 9-16-6.
