Chicago Attorneys Specializing in Asset Seizure

Making a Claim with DEA for a Chicago O’Hare Airport Money Seizure

A successful claim has three components. First, it must be timely. Federal law has very strict time limits for making a claim. Second, a claim must be made in the proper format, sworn to, and delivered to the proper Government office. Third, a claim must identify the issues in your case that undermine the Government’s effort to keep your money.

This third element is where a talented Civil Forfeiture Defense Attorney and investigation team makes all the difference.

Administrative Forfeiture

Next, it is necessary to evaluate the case for legal issues. Civil asset forfeiture cases vary greatly, even though they are fundamentally the same. Depending on the circumstances, your case may present any of the following possible defenses:

For asset seizures?under $500,000, the claim process begins with Administrative Forfeiture, which is handled in-house at the offices of the seizing agency.

In the case of Chicago O’Hare Airport money seizure, the agency is almost always the DEA. The process is triggered by the seizure of your money.

Once the DEA seizes your money, it has 60 days to send you formal Notice of Seizure to advise you of their intention to forfeit the money and your right to file a claim or make a case for mitigation. If the 60 days passes without a notice being sent, the DEA has to return the money unless they obtain an extension of time.

However, if a notice is sent within the 60 days, you will have 35 days from the date the notice is mailed to have your claim delivered to DEA. The law says the DEA has to give you at least 35 days. If they wanted to, the DEA could give you longer, but they typically do not.

Do not miss the deadline! It could result in a waiver of your rights.

Judicial Forfeiture

Unlike Administrative Forfeiture that takes place in agency offices, Judicial Forfeiture takes place in court. Once you file a timely claim, the Government has 60 days to file a civil forfeiture action in court. The case is then transferred from the seizing agency to the U.S. Attorney’s Office in the district where the money was seized.

Bulk cash seizures at Chicago O’Hare airport are filed in the U.S. District Court for the Northern District of Illinois, a court Brian Silber is a member of.

Once a civil asset forfeiture lawsuit is filed in federal court, the parties begin to exchange information about the case using the rules of discovery. Once each side has a handle on the facts and evidence, an earnest settlement negotiation is had.

If settlement is reached, the case ends. If there is no settlement, it proceeds to trial. If a claimant in a civil asset forfeiture case substantially prevails against the Government, he/she is entitled to recover attorneys fees, costs, and interest

Why did the DEA take my money?

Civil forfeiture has been a very effective tool for combating crime. There is no doubt that narcotics traffickers, organized crime, and others feel its brunt. However, the problem with civil forfeiture is that it frequently casts too broad of a net. Far too much property is seized by law enforcement from people that are simply not guilty of any crime.