Seizure for Forfeiture of High-Value Property

When the federal government seizes property valued at more than $500,000, it must follow a specific legal process known as judicial civil asset forfeiture. This process differs from the administrative forfeiture process used for lower-value property.

After a seizure for forfeiture of high-value assets worth more than $500,000, seek the services of an experienced civil asset forfeiture lawyer at Sammis Law Firm, who can explain the unique rules and strategies that apply.

Unlike administrative forfeiture, which is handled internally by a government agency, judicial forfeiture requires the government to file a lawsuit in federal court. This lawsuit, known as a “complaint for forfeiture,” identifies the property itself as “the defendant property.” For this reason, the title of the case might be “United States v. [Description of Seized Property].

High-value assets can be seized for a criminal proceeding, a civil proceeding, or both. The criminal proceeding begins when an indictment is filed, which includes a request to forfeit the seized property, or that property may later be included in a “Bill of Indictment.”

High-value assets seized in a civil asset forfeiture proceeding begin when the government files a civil lawsuit against the seized property, known as a “complaint for forfeiture.” In this civil action, the government does not need to prove a person’s guilt beyond a reasonable doubt. Instead, it only needs to show a preponderance of the evidence that the property itself was involved in or connected to a crime.

Forfeiture Attorneys for High-Value Assets Over $500,000

If your property has been seized and is valued at over $500,000, contact an experienced civil asset forfeiture attorney. The attorneys at Sammis Law Firm are experienced in handling high-value asset forfeiture cases, including those involving the seizure of cryptocurrency, real estate, or bank accounts.

An experienced civil asset forfeiture attorney at Sammis Law Firm can help you file a verified claim for your property to trigger the government’s 90-day deadline to initiate a judicial proceeding by filing a complaint for forfeiture in the U.S. District Court. We can also assist you in filing a judicial claim to establish your standing as a rightful owner. We can also assist you in filing a Rule 41(g) motion for the return of property, which triggers the government’s 90-day deadline to initiate a judicial proceeding.

During those proceedings, we can challenge the probable cause for the seizure and show why the government lacked sufficient evidence to link your property to a crime. By aggressively fighting the forfeiture action, we can increase the chances of negotiating a more favorable outcome with the government for the return of your property. We can also file a viable motion to dismiss the forfeiture action based on a violation of your due process rights due to an unreasonable delay by the government.

Given the complexities of federal court proceedings and the high stakes involved, legal representation is not merely helpful—it is essential to navigate the process effectively and protect your rights. An attorney can ensure that all procedural requirements are met and that your legal arguments are presented in the most compelling way possible.

Call 813-250-0500 or use the evaluation form on the right side of this article to request a confidential consultation.

Why the $500,000 Threshold Matters

When the seized property reaches the $500,000 threshold, legal consequences are triggered. For example, under 19 U.S.C. § 1607(a)(1), the government is prohibited from using the non-judicial, or administrative, forfeiture process for real property or personal property (not including U.S. Currency) valued over this amount. This legal requirement compels the government to adopt a more formal, court-supervised process, which affords the property owner various procedural protections.

For lower-value assets, the government must issue a “notice of seizure” that explains the property owner’s rights to avoid administrative forfeiture procedures in favor of court action. To trigger that court action, the “notice of seizure” explains to the property owner how to “file” a verified claim for court action that is sent directly to the seizing agency. The address to send the verified claim is listed in the “notice of seizure.” Filing a “verified claim” then triggers a 90 deadline for the government to file a civil lawsuit against the “defendant property,” known as the “complaint for forfeiture.” If the government misses that 90-day deadline, the court will order the property to be returned to the property owner if the issue is raised as a defense to the complaint or in a motion for return of property.

High-value asset procedures provide less procedural protection for some purposes. For instance, the government is not required to issue a “notice of seizure.” As a result, the property owner may have no idea who seized the property or why. In some cases, the seizure warrant is filed under seal. An experienced asset forfeiture attorney can help solve that mystery by contacting the authorities and requesting the information that would be included in the notice of seizure if the property had a lower value.

After obtaining that information, an attorney can help the property owner trigger the 90-day deadline to file the complaint for forfeiture by serving the seizing agency with a “verified claim” or by filing a motion for return of property in the U.S. District Court.

The Due Process Clause and Timeliness

Some confusion exists over whether federal law provides a specific statutory deadline for the government to initiate a judicial forfeiture action. The law is clear, however, that the Due Process Clause of the Fifth Amendment places a significant check on the government’s power. The Supreme Court’s ruling in United States v. Eight Thousand Eight Hundred & Fifty Dollars ($8,850) in U.S. Currency, 461 U.S. 555 (1983), established that courts must apply the Barker v. Wingo balancing test to determine whether the government has waited too long to start forfeiture proceedings. The Barker v. Wingo test considers the following four factors:

• The length of the delay
• The government’s reason for the delay
• The Claimant’s assertion of their right to a speedy resolution
• Prejudice to the Claimant as a result of the delay

A lengthy, unexplained delay by the government could be grounds for an attorney to challenge the forfeiture and demand the return of the property.

If your high-value property worth more than $500,000 was seized for forfeiture, contact an experienced civil asset forfeiture attorney at Sammis Law Firm. We understand the special rules that apply in these cases and the best strategies. We are experienced in handling high-value asset forfeiture cases, including those involving the seizure of cryptocurrency, real estate, or bank accounts.

Additional Resources

JM 9-112.110 – Administrative Forfeiture Policy – Visit the Justice Manual (JM), previously known as the United States Attorneys’ Manual (USAM), on Justice.gov. Manual Title 9: Section 9-112.110 on Administrative and Judicial Forfeiture explains why assets subject to administrative forfeiture must be forfeited administratively, unless an exception applies. One exception applies when several items (other than U.S. Currency) are subject to civil forfeiture under the same statutory authority and on the same factual basis, and they have a common owner and a combined appraised value exceeding $500,000. In such cases, the property must be forfeited judicially in a single action. Although there is no limit on the value of currency that can be forfeited administratively, bank accounts are not classified as currency, so a bank account containing more than $500,000 must be forfeited judicially.

This article was last updated on Friday, August 29, 2025.