Forfeiture and Seizures

Recent Cases

Our Firm Wins Forfeiture Appeal, Court Orders State to Return $150K+ and Other Seized Property

August 15, 2024

This week, the Georgia Court of Appeals ruled in favor of our client and his wife who had over $150,000 seized from their business and bank accounts, as well as a new truck, trailer, and other equipment. The State tried to unsuccessfully appeal the trial court’s order granting our motion to dismiss the State’s forfeiture […]

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Court of Appeals Rules that Delta-8-THC and Other Hemp Extracts Are Legal, Orders the District Attorney to Return Our Client’s Seized Property

November 6, 2023

Last Thursday, the Court of Appeals became the first appellate court in Georgia to consider whether Delta-8-THC and other similar products are legal hemp extracts or illegal controlled substances under state law—and our clients won. Our clients are a distribution company that supplies convenience stores, gas stations, and vape stores with tobacco, nicotine vapes, and […]

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What Happens When the Government Seizes Bitcoin and Other Cryptocurrency?

April 12, 2022

In February of this year, the Department of Justice (DOJ) announced the seizure of more than 94,000 bitcoin from an account belonging to a New York couple who was arrested the same day the seizure was announced. The complaint and affidavit authorizing their arrest allege the government’s belief that the bitcoin was part of a […]

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What is a Geofence Warrant and is it Constitutional?

September 1, 2020

Based on a recent federal district court decision, “geofence search warrants” for Google location data are subject to being challenged as an unconstitutional violation of privacy. The judge in that case refused to grant the warrant because it was too broad and violated the Fourth Amendment protection against unreasonable government searches and seizures. What is […]

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New IRS Policy on Returning Money from “Structuring” Violations

August 3, 2016

The federal government recently changed its policy for seizing money for alleged “structuring violations” when that money was deposited by otherwise innocent individuals and business owners. “Structuring” refers to the act of intentionally making cash deposits in an amount not more than $10,000 to avoid the federal currency reporting requirements. Our firm has represented seve…

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