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Federal law allows the government to seize property that it believes is connected to a crime. Asset forfeiture can happen before, during, or even after a federal criminal case. It can apply to cash, cars, homes, bank accounts, jewelry, firearms, and even cryptocurrency. In Colorado, these cases are commonly prosecuted in the U.S. District Court for the District of Colorado in Denver.
At Perlman Defense Federal Criminal Lawyers, we represent clients across Colorado who are fighting to keep their property from being seized under aggressive federal forfeiture actions. We understand how asset forfeiture works, how to challenge it, and how to protect what matters most to you.
Asset forfeiture allows the government to permanently take ownership of property if they can prove it was:
There are two main types of federal forfeiture cases:
Criminal forfeiture happens after a person has been convicted of a federal crime. The forfeiture is part of the criminal sentencing process. A judge will order the property surrendered based on evidence presented at trial.
In civil asset forfeiture, the government can seize property without charging the owner with a crime. The case is filed against the property itself (e.g., “United States v. $25,000 in U.S. Currency”). The government only needs to show that the property was connected to criminal activity by a preponderance of the evidence, which is a much lower standard than proof beyond a reasonable doubt.
Federal prosecutors and law enforcement agencies in Colorado regularly use asset forfeiture in connection with the following crimes:
Federal law enforcement agencies working in Colorado have the authority to seize property. This includes:
These agencies work closely with federal prosecutors from the U.S. Attorney’s Office for the District of Colorado.
Federal agents seize property during an arrest, search warrant execution, or investigation.
You will receive formal notice that the government intends to keep your property under federal forfeiture laws. This usually comes through a Notice of Seizure or the filing of a civil forfeiture complaint.
You have a strict deadline—often only 30 days—to file a claim asserting your ownership and objecting to the forfeiture.
If you file a claim, the case proceeds to federal court, where the government must prove a connection between the property and a crime.
Requires a federal conviction first. The government must prove beyond a reasonable doubt that the property was tied to the offense.
The government only needs to show by a preponderance of the evidence (more likely than not) that the property is linked to criminal activity.
Under 18 U.S.C. § 983(d), a person who can prove they did not know, and had no reason to know, that their property was involved in a crime can assert the innocent owner defense and get their property returned.
Yes. In civil forfeiture cases, you can lose your property without ever being charged or convicted of a crime. This is one of the most controversial aspects of federal forfeiture law. Even in criminal forfeiture cases, the government may seek a pretrial restraining order to freeze or seize assets it claims are connected to the alleged offense under 21 U.S.C. § 853(e).
Seized assets are often shared between federal and local law enforcement agencies. This creates a strong incentive to seize property aggressively.
In criminal cases, prosecutors may threaten to seize assets unless a defendant accepts a plea deal. The seizure of property can be used to pressure defendants into cooperating.
Because of major transportation corridors like Interstate 70 and Interstate 25, federal agents in Colorado frequently seize cash and property from travelers under suspicion of drug trafficking or other criminal activity.
If we are brought in early, we work to file a timely claim and challenge the government’s evidence. We also evaluate whether the seizure violated your Fourth Amendment rights.
We gather documentation and witness testimony to show you had no knowledge of any alleged illegal activity.
In some cases, we work directly with federal prosecutors to negotiate for partial or full return of assets without the need for a drawn-out trial.
We file motions to suppress illegally obtained evidence or challenge improper use of civil forfeiture laws.
Never hand over cash, cars, or property without speaking to an attorney.
Federal forfeiture timelines move quickly. Missing a filing deadline can cause you to lose the property by default.
Anything you say can be used against you in both the criminal and forfeiture case.
The sooner we act, the better chance we have of stopping or reversing the forfeiture process.
Possibly. Civil forfeiture does not require a conviction, but we can file a claim and force the government to meet its legal burden.
Every case is different, but it can take months or even years if the case proceeds to federal trial.
Yes. We can file motions for a pretrial hearing to contest the government’s restraint of your assets under 21 U.S.C. § 853(e).
You may still have an innocent owner defense if you can prove you had no knowledge of illegal activity.
Federal asset forfeiture laws give the government enormous power, but they are not absolute. With a skilled legal team, many clients have successfully recovered seized property or prevented forfeiture from happening in the first place.
At Perlman Defense Federal Criminal Lawyers, we have years of experience fighting federal asset forfeiture cases throughout Colorado. We understand the legal strategies and know how to challenge government overreach effectively.
If your property has been seized or you have received a forfeiture notice, call us immediately. We will protect your rights and fight to recover what is rightfully yours.
Daniel R. Perlman, the founding attorney at Perlman Defense Federal Criminal Lawyers, leverages his extensive background as a former prosecutor to provide superior defense strategies for clients across federal courtrooms. Earning his Juris Doctor from the Catholic University of America's Columbus School of Law, he first honed his legal skills with the Maryland State’s Attorney’s Office.
This diverse experience enables him to advocate effectively, understanding prosecution tactics intimately, which he expertly counters in defense of his clients. With a profound commitment to justice, Daniel leads his team in tackling complex federal cases, from white-collar crimes to violent offenses, ensuring the highest level of defense through every phase of the criminal process.
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