Articles Posted in Money

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Gallardo-Law-Firm-and-Criminal-Defense-Lawyer-Miami-small-300x200Civil asset forfeiture is different from most legal processes, where law enforcement officials seize property they assert has been involved in criminal activity. One need not be involved or charged with a crime in order for his or her property to be seized. In other words, in civil asset forfeiture proceedings, it’s essentially the property that is charged with the crime.

Forfeiture laws have been used historically and are intended to be used as tools to fight organized crime. When targeting criminal organizations whose sheer amount resources make them incredibly difficult to prosecute, having a legal means to seize the assets of these organizations can be helpful in weakening them. In practice, however, civil asset forfeiture laws are not always used in this way.

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https://www.briansilber.com/files/2017/09/David-J.-Miller-240x300.jpegDavid J. Miller of New York was indicted in federal court last week for allegedly stealing $3.6 million from the city of Miami Beach.

Miller, 45, faces 20 counts of bank fraud, one count of access device fraud, and one count of aggravated identity theft. He was arrested in Syracuse, New York on unrelated identity theft charges on May 31. Sources say he is going to be transferred to Florida for his arraignment. The press did not name an attorney for him.

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If you’re involved in a civil asset forfeiture case, sometimes you’re left wonACLU-Logo-300x300dering whether or not you can legally pursue your property at all. Your best bet in this case is to hire a good lawyer who understands your situation–and may be able to help you get your property back.

Of course, being informed yourself never hurts. This post includes some resources you can use to learn more about your options.

 

 

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club-2492011_960_720-300x167The Florida Contraband Forfeiture Act can be found in Florida Statutes 932.701-932.706, and allows for the seizure and civil forfeiture of property and contraband related to violations of the law.

The forfeiture procedure is a two-step process. The first is the seizure or the initial restraint on the property, and the second is the forfeiture itself. Of course, the outcome must be determined in a court of law before property can be subject to forfeiture. It’s important to understand what falls under the category of “contraband” to understand forfeiture in Florida.

What is “contraband?”

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Joey-Bautista-300x199Ex-Miami Jackson Adult Education Center principal Joey Bautista was arrested on August 23 for allegedly using over $41,000 in school district funds to pay his housekeeper.

Bautista 48, is being charged with official misconduct, grand theft, and organized scheme to defraud. Attorney information was not available.

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