Federal Forfeiture Lawyer, Houston, Throughout Texas and Nationwide: Property, Automobile and Cash Seizure Attorneys

Property forfeitures by the government are on the rise in both federal and state courts in Texas and throughout the United States.  Federal and state governmental agencies are aggressively seeking asset forfeitures to help supplement their budgets and to promote policies aimed at deterring crime by eliminating the profit motive of some offenses.

Forfeiture proceedings in both federal and state court can be very complicated, but there are legitimate defenses that property owners can assert to defeat these often unfair government sanctioned seizures.

With years of trial experience in both civil and criminal courts, the trial lawyers at the John T. Floyd Law Firm are uniquely situated to handle property and cash forfeiture cases in both federal and state courts.  With board certified civil and criminal trial attorneys on staff, we are intimately familiar with the rules of procedure in both civil and criminal courts and with the possible implications that a decision in one court may have in the other.

 

TEXAS FORFEITURES

Texas is known throughout the country as having some of the worst civil forfeiture laws in the country.  Even worse, Texas law allows the seizing agency, and the prosecutor’s office handling these cases, to keep a portion of property seized.  This profit motive can create an unfortunate conflict of interest in some criminal investigations and sometimes a blatant abuse of power.

Chapter 59 of the Texas Code of Criminal Procedure is the primary statute used to forfeit property in Texas courts.

Article 59 of the Texas Code of Criminal Procedure allows the State of Texas to seek the forfeiture of contraband involved in certain criminal offenses.  Forfeitures, although often related to a criminal case, are actually conducted in civil courts pursuant to the rules of civil procedure.  Therefore the civil rules of pleading and responding to civil lawsuits must be carefully followed. 

In order to secure a forfeiture of property in Texas the State must prove by a preponderance of the evidence” that the property is contraband; in other words, that it was used in the commission of a crime or is “proceeds from illegal activity.”  Although Chapter 59 does not provide any “additional evidentiary requirements” beyond proof that the property is “contraband,” the Texas Supreme Court has ruled that the State must also “show probable cause for seizing a person’s property.” In the context of forfeiture statutes, the Fifth Circuit Court of Appeals has held that probable cause is a reasonable belief that “a substantial connection exists between the property to be forfeited and the criminal activity defined by the statute.” Texas courts, interpreting Chapter 59, have ruled that contraband is money or other property, including real estate, automobiles, computers… derived from or intended for use in a criminal transaction.  While many forfeiture cases are in fact related to drug investigations and prosecutions, they are increasingly being initiated in almost every other conceivable criminal case, limited only by the ingenuity of a creative prosecutor.

Forfeiture of contraband is possible if the property represents the proceeds gained from the commission of a felony offense, property acquired with the proceeds gained from the commission of the offense or if it was used in a crime of violence.  Contraband is also subject to forfeiture if it was used to facilitate or intended to be used to facilitate the commission of a felony under Tex. Penal Code §§ 15.031 (Criminal Solicitation of a Minor) or 43.25 (Sexual Performance by a Child).

Defense to Property Forfeitures

Art. 59.02(c) provides an “innocent owner” affirmative defense. Under this defense, once the State satisfies its burden beyond a “preponderance of the evidence” that the property is contraband subject to forfeiture, the burden shifts to the party claiming the “innocent owner” defense to prove that he/she acquired “ownership interest in the property prior to, or during, the act giving rise to forfeiture.”
                 
One interesting fact about forfeiture law is that a final conviction for an underlying offense is not a requirement for forfeiture.  Therefore, although an owner or interest holder may present evidence of a dismissal or acquittal in a civil forfeiture proceeding, raising a presumption that the property or interest is non-forfeitable, the government can be rebut this presumption by showing evidence that the owner or interest holder knew or should have known that the property was criminal contraband.

Cash, Automobiles, Real Property

Quite often, the State of Texas will seize cash, based on suspicious circumstances.  For example, the State seized $104,000.00 in cash because it was folded, banded by rubber bands, and sealed in air-tight in plastic bags containing fabric softener sheets, which allegedly indicated drug-related activity.  State v. $104,000 in United States Currency, 2005 Tex. App. LEXIS 6828 (Tex. App.—San Antonio 2005).  In another case, however, an Appellate court overturned a trial court’s judgment in a similar forfeiture of $130,510.00 in cash..  $130,510 in United States Lawful Currency v. State, 266 S.W.3d 169 (Tex. App.—Texarkana 2008). 

Cash is not the only thing subject to forfeiture though.  For example, the State of Texas may go after a vehicle.  See One Ford Mustang v. State, 231 S.W.3d 445 (Tex. App.—Waco 2007); 2003 Ford Pickup v. State, 2007 Tex. App. LEXIS 865 (Tex. App.—San Antonio 2007); State v. One 1985 Chevrolet, 828 S.W.2d 778 (Tex. App.—Dallas 1992). The State may also go after real property.  See Lot 39, Section C, N. Hills Subd. v. State, 85 S.W.3d 429 (Tex. App.—Eastland 2002); Lot 6, NW 17’ of 5, Block 5 v. State, 2009 Tex. App. LEXIS 4842 (Tex. App.—Corpus Christi 2009); .39 Acres v. State, 247 S.W.3d 384 (Tex. App.—2008).  Other times, the State will seek to seize something as mundane as a flat bed trailer.  See State of Texas v. One 2006 Flat Bed Trailer, Cause No. 2011-18543, in the 215th District Court, Harris County Texas.  And still other times, the state has attempted to seize camera surveillance systems.  See State v. Assorted Camera Surveillance System as Listed on Notice of Seizure, Cause No. 2011-02444, in the 133rd District Court, Harris County Texas.

 

FEDERAL FORFEITURES:

In January of 2008, the United States Department of Justice developed a “National Asset Forfeiture Strategic Plan.”  This plan was later modified in June of 2009, but the goal remains the same: to develop and implement policies and procedures to ensure that asset forfeiture is an integral part of every investigation and prosecution.  This is because the DOJ believes there is legal authority to forfeit the proceeds of virtually all serious offenses including terrorism, drug trafficking, organized crime, child pornography, alien smuggling, human trafficking, white collar crime, and money laundering etc…

To expand the number and types of cases in which forfeiture will be sought, the Department of Justice plans on developing cooperation between foreign, state, and local governments, and cultivating relationships with regulatory agencies and the private sector.  Also envisioned are expanding efforts to seek forfeiture in money laundering cases, and advocating for new laws, regulations, rules, and guidelines.  Of particular note was an effort to amend Rule 32.2 of the Federal Rules of Criminal Procedure.  The rather lengthy amendments went into effect on December 1, 2009. 

Miscellaneous Facts about Seizures

When the federal government wants to seize property, it consults guidelines that set minimum net equity levels that generally must be met.  These minimum net equity requirements are:

• Residential Real Property and Vacant Land:  minimum net equity must be at least 20 percent of the appraised value.  If the property has an appraised value less than $100,000, the net equity must be at least $20,000.  Contaminated real properties, however, will usually not be seized.
• Vehicles:  minimum net equity must be at least $5,000.  If there are multiple vehicles to be seized at the same time, the value may be aggregated for purposes of meeting the minimum net equity.  However, if the vehicle is used for part of the offense, the minimum net equity is $2,000.
• Cash:  minimum amount must be at least $5,000, unless the cash is part of the offense, in which case the amount must be at least $1,000.
• Aircraft:  minimum net equity must be at least $10,000.  The aircraft’s log books will also be seized because failing to have them will reduce the aircraft’s value significantly.
• Vessels: minimum net equity must be at least $10,000.
• Personal Property:  minimum net equity must be at least $1,000 in the aggregate.  There are few exceptions to the minimum net equity requirements for any individual item if it has a value of less than $1,000.  One of these exceptions is jewelry, because 20 items of jewelry, each valued at $500, has a total value of $10,000 and the cost of storing 20 small items of jewelry is not excessive.

The Department of Justice counsels against seizing on-going businesses, preferring instead to restrain them and then have them forfeited at the end of the case.  If, however, direct government oversight is required, the federal government has contractors available to run on-going businesses.  The federal government will seize a business only after it has conducted a thorough business review that will help answer the following questions:

• Who owns the building in which the business operates?
• Who owns the land?
• What is the cash flow of the business?
• What are the monetary values of accounts receivable and payable?
• What other valuable assets does the business own?
• Are there significant liabilities?
• Are there environmental concerns?
• Is the business highly regulated, and is it currently in compliance with its regulatory obligations?
• Will the business require capital contributions to stay viable?
• What law enforcement or regulatory methods other than forfeiture may be effective?
• Is the business being seized as facilitating property or as proceeds of crime?  Once the source of illegal funding and the illicit customers are gone, the business may no longer be profitable.  If the business is facilitating illegal activity and also engaged in legal but unseemly activity, is the Government in a position to prevent or monitor the activity (e.g., Government operation of a strip club with attracts illegal drugs and prostitution)?  The public may have an expectation that if the Government is operating the business, it will be able to prevent all illegal activity.

How will the business be disposed of, and how long will that process take?

 

FEDERAL FORFEITURE STATUTES

The following is a list of federal statutes that authorize the forfeiture of property:

Title 7
7 U.S.C. §§ 2024(e) and (f). Forfeiture of property involved in illegal food stamp transactions; criminal forfeiture

Title 8
8 U.S.C. § 1324(b). Seizure and forfeiture of conveyances, gross proceeds, and property traceable to such conveyances or proceeds

Title 13
13 U.S.C. § 305. Penalties for unlawful export information activities

Title 15
15 U.S.C. § 715f. Forfeiture of contraband oil shipped in violation of law; procedure
15 U.S.C. § 1177. Civil forfeiture of coins and currency in confiscated gambling devices

Title 16
16 U.S.C. §§ 470gg(b) and (c). Forfeitures; disposition of penalties collected and items forfeited in cases involving archaeological resources excavated or removed from Indian lands. (Archaeological Resources Protection Act)
16 U.S.C. § 916f. Violations; fines and penalties. (Whaling Convention Act)
16 U.S.C. § 957. Violations; fines and forfeitures; application of related laws. (Tuna Conventions)
16 U.S.C. § 971e. Violations. (Atlantic Tunas Convention)
16 U.S.C. § 972f. Prohibited acts. (Eastern Pacific tuna fishing)
16 U.S.C. § 1171. Seizure and forfeiture of vessels. (North Pacific fur seals)
16 U.S.C. § 1376. Seizure and forfeiture of cargo. (Marine Mammal Protection Act)
16 U.S.C. § 1377. Enforcement. (Marine Mammal Protection Act)
16 U.S.C. § 1540. Penalties and enforcement. (Endangered species)
16 U.S.C. § 1860. Civil forfeitures. (National Fishery Management Program)
16 U.S.C. § 3374. Forfeiture. (Lacey Act)
16 U.S.C. § 3606. Violations and penalties. (North Atlantic salmon fishing)
16 U.S.C. § 3637. Prohibited acts and penalties. (Pacific salmon fishing)
16 U.S.C. § 5010. Penalties. (North Pacific Anadromous Stocks Convention)
16 U.S.C. § 5106. Secretarial action. (Atlantic coastal fisheries)
16 U.S.C. § 5154. Moratorium. (Atlantic striped bass conservation)
16 U.S.C. § 5509. Forfeitures. (High seas fishing)
16 U.S.C. § 5606. Prohibited acts and penalties. (Northwest Atlantic Fisheries Convention)

Title 17
17 U.S.C. § 506(b). Criminal offenses. (Copyright infringements)

Title 18
18 U.S.C. § 38. Fraud involving aircraft or space vehicle parts in interstate or foreign commerce
18 U.S.C. § 492. Forfeiture of counterfeit paraphernalia
18 U.S.C. § 512. Forfeiture of certain motor vehicles and motor vehicle parts
18 U.S.C. § 545. Smuggling goods into the United States
18 U.S.C. § 550. False claim for refund of duties
18 U.S.C. § 793. Gathering, transmitting, or losing defense information
18 U.S.C. § 794. Gathering or delivering defense information to aid foreign government
18 U.S.C. § 844(c). Penalties. (Explosive materials)
18 U.S.C. § 924(d). Penalties. (Firearms/ammunition)
18 U.S.C. § 981. Civil forfeiture
18 U.S.C. § 982. Criminal forfeiture
18 U.S.C. § 983. General rules for civil forfeiture proceedings
18 U.S.C. § 984. Civil forfeiture of fungible property
18 U.S.C. § 985. Civil forfeiture of real property
18 U.S.C. § 986. Subpoenas for bank records
18 U.S.C. § 987. Anti-terrorist forfeiture protection
18 U.S.C. § 1028. Fraud and related activity in connection with identification documents,
Authentication features, and information
18 U.S.C. § 1029. Fraud and related activity in connection with access devices
18 U.S.C. § 1030. Fraud and related activity in connection with computers
18 U.S.C. § 1037. Fraud and related activity in connection with electronic mail
18 U.S.C. § 1467. Criminal forfeiture. (Obscenity)
18 U.S.C. § 1594. General provisions. (Trafficking in persons)
18 U.S.C. § 1762. Marking packages
18 U.S.C. § 1834. Criminal forfeiture. (Protection of trade secrets)
18 U.S.C. § 1955. Prohibition of illegal gambling businesses
18 U.S.C. § 1956(c)(7). Specified unlawful activity
18 U.S.C. § 1960. Prohibition of unlicensed money transmitting businesses
18 U.S.C. § 1961(1). Definitions
18 U.S.C. § 1963. Criminal penalties. (RICO)
18 U.S.C. § 2232. Destruction or removal of property to prevent seizure
18 U.S.C. § 2233. Rescue of seized property
18 U.S.C. § 2253. Criminal forfeiture. (For child pornography)
18 U.S.C. § 2254. Civil forfeiture. (For child pornography)
18 U.S.C. § 2318(d). Trafficking in counterfeit labels for phonorecords, copies of computer programs or computer program documentation or packaging, and copies of motion pictures or other audio visual works, and trafficking in counterfeit computer program documentation or packaging
18 U.S.C. § 2319A. Unauthorized fixation of and trafficking in sound recordings and music videos of live performances
18 U.S.C. § 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility.
18 U.S.C. § 2320. Trafficking in counterfeit goods or services
18 U.S.C. § 2323. Forfeiture, destruction, and restitution
18 U.S.C. § 2331. Definitions. (Terrorism)
18 U.S.C. § 2332b(g)(5). Definition. (Federal crime of terrorism)
18 U.S.C. § 2344. Penalties. (Trafficking in contraband cigarettes)
18 U.S.C. § 2428. Forfeitures. (Transportation for illegal sexual activity and related crimes)
18 U.S.C. § 2513. Confiscation of wire, oral, or electronic communication intercepting devices
18 U.S.C. § 3051. Powers of special agents of Bureau of Alcohol, Tobacco, Firearms, and Explosives
18 U.S.C. § 3322. Use of grand jury information in forfeiture proceedings
18 U.S.C. § 3552(d). Disclosure of presentence reports
18 U.S.C. § 3554. Order of criminal forfeiture
18 U.S.C. § 3665. Firearms possessed by convicted felons

Title 19
19 U.S.C. § 1466. Equipment and repairs of vessels
19 U.S.C. § 1497. Penalties for failure to declare
19 U.S.C. § 1592. Penalties for fraud, gross negligence, and negligence
19 U.S.C. § 1594. Seizure of conveyances
19 U.S.C. § 1595a. Importation offenses
19 U.S.C. § 1602. Seizure; report to customs officer
19 U.S.C. § 1603. Seizure; warrants and reports
19 U.S.C. § 1604. Seizure; prosecution
19 U.S.C. § 1605. Seizure; custody; storage
19 U.S.C. § 1606. Seizure; appraisement
19 U.S.C. § 1607. Seizure; value $500,000 or less, prohibited articles, transporting conveyances
19 U.S.C. § 1608. Seizure; claims; judicial condemnation
19 U.S.C. § 1609. Seizure; summary forfeiture and sale
19 U.S.C. § 1610. Seizure; judicial forfeiture proceedings
19 U.S.C. § 1611. Seizure; sale unlawful
19 U.S.C. § 1612. Seizure; summary sale
19 U.S.C. § 1613. Disposition of proceeds of forfeited property
19 U.S.C. § 1613b. Customs Forfeiture Fund
19 U.S.C. § 1614. Release of seized property
19 U.S.C. § 1615. Burden of proof in forfeiture proceedings
19 U.S.C. § 1616a. Disposition of forfeited property
19 U.S.C. § 1617. Compromise of Government claims by Secretary of the Treasury.
19 U.S.C. § 1618. Remission or mitigation of penalties
19 U.S.C. § 1619. Award of compensation to informers
19 U.S.C. § 1620. Acceptance of money by United States officers
19 U.S.C. § 1621. Limitation of actions
19 U.S.C. § 1703. Seizure and forfeiture of vessels
19 U.S.C. § 2609. Seizure and forfeiture. (Cultural property)

Title 21
21 U.S.C. § 334. Seizure. (Federal Food, Drug, and Cosmetic Act)
21 U.S.C. § 853. Criminal forfeitures
21 U.S.C. § 881. Forfeitures. (Civil)
21 U.S.C. § 1049. Seizure and condemnation proceedings. (Egg products)

Title 22
22 U.S.C. § 401. Illegal exportation of war materials. (Exportation offenses)
22 U.S.C. § 1978. Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs

Title 26
26 U.S.C. § 5872. Forfeitures. (Machine guns, destructive devices, and certain other firearms)
26 U.S.C. § 7302. Property used in violation of internal revenue laws
26 U.S.C. § 7303. Other property subject to forfeiture

Title 28
28 U.S.C. § 524(c). Availability of Appropriations. (Department of Justice Assets Forfeiture Fund)
28 U.S.C. § 1355. Fine, penalty, or forfeiture. (Subject matter jurisdiction; in rem jurisdiction)
28 U.S.C. § 1395. Fine, penalty, or forfeiture. (Venue)
28 U.S.C. § 1651. All Writs Act
28 U.S.C. § 2001. Sale of realty generally
28 U.S.C. § 2002. Notice of sale of realty
28 U.S.C. § 2003. Marshal’s incapacity after levy on or sale of realty
28 U.S.C. § 2004. Sale of personalty generally
28 U.S.C. § 2005. Appraisal of goods taken on execution
28 U.S.C. § 2006. Execution against revenue officer
28 U.S.C. § 2007. Imprisonment for debt
28 U.S.C. § 2461. Mode of recovery
28 U.S.C. § 2462. Time for commencing proceedings
28 U.S.C. § 2465. Return of property to claimant; liability for wrongful seizure; attorney fees, costs, and interests
28 U.S.C. § 2466. Fugitive disentitlement
28 U.S.C. § 2467. Enforcement of foreign judgment
28 U.S.C. § 2680. Exceptions. (Federal Tort Claims Act)
28 U.S.C. § 3304(b). Transfer fraudulent as to a debt to the United States
28 U.S.C. § 3306(a). Remedies of the United States

Title 31
31 U.S.C. § 5317. Search and forfeiture of monetary instruments
31 U.S.C. § 5318(k). Compliance, exemptions, and summons authority. (Bank records related to
anti-money laundering programs)
31 U.S.C. § 5324. Structuring transactions to evade reporting requirement prohibited. (Involving
financial institutions)
31 U.S.C. § 5331. Reports relating to coins and currency received in nonfinancial trade or business
31 U.S.C. § 5332. Bulk cash smuggling into or out of the United States
31 U.S.C. § 9703. Department of the Treasury Forfeiture Fund

Title 42
42 U.S.C. § 1786(p). Criminal forfeiture. (Supplemental nutrition program for women, infants, and children)

Title 46
46 U.S.C. § 12118. Owners engaged primarily in manufacturing or mineral industry
46 U.S.C. § 31327. Forfeiture of mortgagee interest
46 U.S.C. § 55102. Transportation of merchandise
46 U.S.C. § 55105. Transportation of hazardous waste
46 U.S.C. § 70507. Forfeitures

Title 49
49 U.S.C. § 80301. Definitions
49 U.S.C. § 80302. Prohibitions
49 U.S.C. § 80303. Seizure and forfeiture
49 U.S.C. § 80304. Administrative
49 U.S.C. § 80305. Availability of certain appropriations
49 U.S.C. § 80306. Relationship to other laws

Title 50
50 U.S.C. App. § 16. Offenses; punishment; forfeitures of property. (Trading with the Enemy Act)
50 U.S.C. § 1702. Presidential authorities. (IEEPA)
50 U.S.C. App. § 2410(g). Violations. (Export Administration Act)

28 C.F.R. Part 9. Regulations Governing the Remission or Mitigation of Civil and Criminal Forfeitures
28 C.F.R. § 9.1. Authority, purpose, and scope
28 C.F.R. § 9.2. Definitions
28 C.F.R. § 9.3. Petitions in administrative forfeiture cases
28 C.F.R. § 9.4. Petitions in judicial forfeiture cases
28 C.F.R. § 9.5. Criteria governing administrative and judicial remission and mitigation
28 C.F.R. § 9.6. Special rules for specific petitioners
28 C.F.R. § 9.7. Terms and conditions of remission and mitigation
28 C.F.R. § 9.8. Provisions applicable to victims
28 C.F.R. § 9.9. Miscellaneous Provisions

Federal Rules of Civil Procedure
Rule 26. Duty to Disclose; General Provisions Governing Discovery

Federal Rules of Criminal Procedure
Rule 1. Scope; definitions
Rule 11. Pleas
Rule 32.2. Criminal Forfeiture.
Rule 41(g). Motion to return property

Supplemental Rules for Certain Admiralty and Maritime Claims
Rule C. In rem actions: special provisions
Rule E. Actions in rem and quasi in rem: general provisions
Rule G. Forfeiture actions in rem

 

TEXAS FORFEITURE STATUTES

Contraband is defined as property of any nature, including real, personal, tangible, or intangible, that is used in the commission of any of the following offenses:

• Any first or second degree felony under the Texas Penal Code;
• Any felony under
• Tex. Penal Code § 15.031(b) (Criminal Solicitation of a Minor)
• Tex. Penal Code § 20.05 (Unlawful Transport),
• Tex. Penal Code § 21.11 (Indecency with a Child),
• Tex. Penal Code § 38.04 (Evading Arrest of Detention),
• Subchapter B of Chapter 43 of the Texas Penal Code (Obscenity)
• Chapter 29 of the Texas Penal Code (Robbery)
• Chapter 30 of the Texas Penal Code (Burglary and Criminal Trespass)
• Chapter 31 of the Texas Penal Code (Theft)
• Chapter 32 of the Texas Penal Code (Fraud)
• Chapter 33 of the Texas Penal Code (Computer Crimes)
• Chapter 33A of the Texas Penal Code (Telecommunications Crimes) or
• Chapter 35 of the Texas Penal Code (Insurance Fraud)
• Any felony under The Securities Act (Article 581-1 et seq., Vernon's Texas Civil Statutes); or
• Any offense under Chapter 49, Penal Code (Intoxication and Alcoholic Beverage Offenses), that is punishable as a felony of the third degree or state jail felony, if the defendant has been previously convicted three times of an offense under that chapter;

 

Forfeiture is also available when the contraband is used or intended to be used in the commission of:

• Any felony under Chapter 481, Texas Health and Safety Code (Texas Controlled Substances Act);
• Any felony under Chapter 483, Texas Health and Safety Code (Dangerous Drugs);
• A felony under Chapter 153, Texas Finance Code (Currency Exchange, Transportation, or Transmission) (Note: Chapter 153 has been REPEALED);
• Any felony under Chapter 34, Texas Penal Code (Money Laundering);
• A Class A misdemeanor under Subchapter B, Chapter 365, Texas Health and Safety Code (Litter), if the defendant has been previously convicted twice of an offense under that subchapter;
• Any felony under Chapter 152, Texas Finance Code (Check Sellers) (Note: Chapter 152 has been REPEALED);
• Any felony that involves the Texas Medicaid program under
• Chapter 32, Texas Human Resources Code (Medical Assistance Program), or
• Chapters 31 (Theft), 32 (Fraud), 35A (Medicaid Fraud), or 37 (Perjury and Other Falsification), of the Texas Penal Code;
• A Class B misdemeanor under Chapter 522, Texas Business & Commerce Code (Identity Theft by Electronic Device);
• Class A misdemeanor under Tex. Bus. & Comm. Code § 306.051 (Unauthorized or Fraudulent Procurement, Sale, or Receipt of Telephone Records);
• Any offense under Tex. Penal Code §§ 46.06(a)(1) (Unlawful Transfer of Certain Weapons) or 46.14 (Firearm Smuggling);
• Any offense under Chapter 71 of the Texas Penal Code (Organized Crime); or
• Any offense under Tex. Penal Code § 42.10 (Dog Fighting).

 

Texas Code of Criminal Procedure

Art. 18.18. Disposition of Gambling Paraphernalia, Prohibited Weapon, Criminal Instrument, and Other Contraband.

Art. 59.01. Definitions
Art. 59.011. Election of Forfeiture Proceeding.
Art. 59.02. Forfeiture of Contraband.
Art. 59.03. Seizure of Contraband.
Art. 59.04. Notification of Forfeiture Proceeding.
Art. 59.05. Forfeiture Hearing.
Art. 59.06. Disposition of Forfeited Property.
Art. 59.07. Immunity.
Art. 59.08. Deposit of Money Pending Disposition.
Art. 59.09. Right to Attorney Not to Be Abridged.
Art. 59.10. Election of Laws.
Art. 59.11. Report of Seized and Forfeited Aircraft.
Art. 59.12. Seizure of Accounts and Assets at Regulated Financial Institution.
Art. 59.13. Disclosure of Information Relating to Accounts and Assets at Regulated Financial Institution.
Art. 59.14. Notice to Primary State and Federal Financial Institution Regulators.

 

John T. Floyd Law Firm,ATTORNEYS, FEDERAL AND STATE FORFEITURE LAWYERS: HOUSTON, TEXAS AND NATIONWIDE

 

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