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Protecting & Defending the Rights of Alaskans since 1988

Asset Forfeiture

assetFighting Property Seizure in Alaska

One of the consequences of white collar or drug charges is often asset forfeiture. It is a powerful law enforcement tool which allows the authorities to seize the property that was acquired with illegal proceeds or with the profits obtained from the illegal activity.

If the federal government cannot find or seize the assets directly acquired through the illegal activity, the federal government can seize substitute assets. The authorities can take your cash, house, cars, boats or other valuable property. The process to have your property returned to you takes place in civil court, even though the underlying charges are criminal.

This is a highly specialized legal proceeding that is handled by less than a handful of attorneys in Alaska. Robert M. Herz at the Law Offices of Robert M. Herz, P.C., is a criminal defense lawyer with extensive experience fighting asset property seizure in Alaska.

Understanding the CAFRA Rules

Asset forfeiture is a specialized and difficult area of the law. However, in 2000 Congress passed the Civil Asset Forfeiture Reform Act (CAFRA), which seeks to protect property owners who have made reasonable efforts to stop or prevent drug use on their property. Among other law changes, CAFRA shifted the burden of proof from the property owner to the government.

Using CAFRA rules and his extensive litigation experience, Robert M. Herz was able to halt the forfeiture of two homes valued at $750,000, in exchange for a $30,000 cash payment.

Asset Forfeiture Defense in Civil Court

Asset forfeiture is not your average civil litigation case. Trust the experience of Robert M. Herz who has been protecting and defending the rights of Alaskans since 1987.

At the Anchorage Law Offices of Robert Herz, P.C., we help individuals and businesses fight asset forfeiture. Call our toll-free number 800-817-5107 or send us an e-mail. Your constitutional rights are not just words on paper.

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