ASSET FORFEITURE -  CIVIL / CRIMINAL

The criminal and civil asset seizure and forfeiture statutes place the burden on the person to get their assets back.

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Modern Day Revenuers:

     Contrary to what many people hope or want to believe, once the police take your cash or other assets, the burden is on you to get the property back.

     Louisiana and Federal forfeiture laws allow the government to seize personal property and assets believed to be connected to criminal activity. The police can take your house, car, boat, jewelry and cash, without paying for it, even if you haven't been charged with a crime.

     They can keep your property for as long as they want. You'll need to file a claim to try and get it back. Generally under Louisiana law, you have a short time to respond to a notice of seizure or notice of forfeiture proceedings. If you don't respond quickly, you may not even have a chance to fight for the property the government is threatening to take away.

     Louisiana Law Louisiana R.S. 40:2601, is the group of laws that allow civil FORFEITURE. Therefore, the government works to take anything that might have been illegally used or obtained.

  
In addition to
Louisiana forfeiture law:


There are over 100 forfeiture categories contained in Federal laws, including those dealing with

  
  • Drug crimes
  • Tax evasion
  • Money laundering
  • Forgery and
  • Pornography
 
     In particular, there are a number of forfeiture laws related to drug trafficking and cultivating drug plants on a parcel of land.


     Defenses may include third-party "innocent owner" exemptions, meaning that the property owner didn't know the property was illegally obtained. Or, the owner of a rental property or land didn't know that a tenant was conducting illegal activity on the property. The prosecutor in these cases would have to prove beyond a reasonable doubt that the property owner was aware of the property's illegal nature.

 
What Does This
Mean to You?


     If your property has been taken by the government, or you've received a notice, you have the right to fight back. The same right applies if you didn't receive a notice, but saw it published in the newspaper.

     You must act immediately to make sure your rights are fully protected! And, you must follow the best strategy and correct procedures to successfully address the property seizure.

 
Property Subject
to Forfeiture:


All of the following are related to the manufacture, possession, sale and/or distribution of controlled substances/drugs:

 
  • The controlled substances/drugs themselves
  • Materials and equipment involved with production or distribution
  • Containers
  • Records and research products
  • Vehicles/conveyances involved
  • Money or other "things of value" furnished or intended to be furnished in exchange for a controlled substance
  • Real property/real estate


 
The Right Attorney
Makes All
the Difference:

     Greg Gouner is an experienced forfeiture lawyer who provides aggressive representation in any type of forfeiture proceeding. You can rest assured that we will pursue any and all options to secure the best possible outcome for you and your family.

  • - Immediately challenging any asset or property seizures
  • - Filing the court documents that challenge the government's forfeiture case against you
  • - Hiring forensic accountants and other experts who can show that the money used to purchase your property came from legitimate sources (also known as clear and convincing evidence)
  • - Locating and preparing witnesses who can support your case  


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ASSET FORFEITURE-

 CIVIL/CRIMINAL

 

The criminal and civil asset seizure and forfeiture statutes place the burden on the person to get their assets back. You need professional help to fight this heinous practice.

 

Contrary to what many people hope or want to believe, once the police take your cash or other assets, the burden is on you to get the property back.

Louisiana and Federal forfeiture laws allow the government to seize personal property and assets believed to be connected to criminal activity. The police can take your house, car, boat, jewelry and cash, without paying for it, even if you haven't been charged with a crime.

 

They can keep your property for as long as they want. You'll need to file a claim to try and get it back. Generally under Louisiana law, you have a short time to respond to a notice of seizure or notice of forfeiture proceedings. If you don't respond quickly, you may not even have a chance to fight for the property the government is threatening to take away.

 

If your property has been taken by the government, or you've received a notice, you have the right to fight back. The same right applies if you didn't receive a notice, but saw it published in the newspaper.

CONVENIENT PAYMENT