New York Criminal Asset Forfeiture Attorney

New York’s Forfeiture Statutes

Like each of its 49 sister states, New York has its own set of forfeiture statutes. Most are found in Article 13-A of the Civil Practice Law and Rules (CPLR), but others are codified in the Public Health Law, the Penal Law, the Personal Property Law, and the Abandoned Property Law.

Further, while Article 13-A is the exclusive statutory scheme for civil forfeiture of property arising from felony crimes, there are forfeiture statutes for misdemeanors in local laws, such as in the City of New York and in Nassau and Suffolk Counties on Long Island, which often are used to seize and forfeit vehicles used unlawfully, such as for driving under the influence.

What is the Asset Forfeiture Law in NY?

Under New York State law, District Attorneys can forfeit “proceeds” and “instrumentalities” of crime. Still, state prosecutors cannot lose real property, except in certain drug cases. Civil asset forfeiture is a legal process that allows the government to seize property that it claims has been involved in criminal activity.

Scenarios that May Involve Asset Forfeiture

• Drug-Related Offenses: Asset forfeiture is commonly used in drug-related cases where the government believes that the assets were obtained through drug trafficking or other criminal activities. This may include money earned from drug sales, machinery used to manufacture drugs, real estate used for their storage, and vehicles used for their transportation.
• Money Laundering: In cases involving money laundering, the government may seize assets they believe were acquired through illegal means or used to facilitate the laundering process. Included in this category may be bank accounts, real estate, or businesses that were purchased using illicit funds.
• Racketeering and Organized Crime: Assets associated with organized crime or racketeering activities, such as illegal gambling, prostitution, or extortion, may be subject to forfeiture. These include properties used for criminal purposes, vehicles, cash, and other valuables.
• Tax Evasion and Fraud: If an individual or entity is found guilty of tax evasion or fraud, the government may seize assets to recover the unpaid taxes or penalties, including bank accounts, real estate, or other valuable assets.
• Embezzlement and Financial Crimes: In cases of embezzlement or financial crimes, the government may seize assets, such as cash and property, that were illegally obtained or used to facilitate the crime. 
• Terrorism Financing: Assets linked to terrorism financing or support for terrorist organizations may be subject to forfeiture. 
• Intellectual Property Crimes: In cases involving intellectual property crimes, such as counterfeiting or piracy, the government may seize assets related to the production and distribution of counterfeit goods or copyrighted materials. This category includes manufacturing equipment, vehicles used for transportation, or proceeds from the sale of illegal goods.