On August 21, 2018, the government wrote an Innocent Owner a check for $47,000, the amount the government seized from her in May of this year.
“The civil asset forfeiture statute has recently been improved to better protect the innocent owner from unfounded seizures. Today was a victory for this innocent owner and for those innocent owners who seek to have their property returned in a timely and inexpensive manner after the government seized their property”
-Gregory Ferbrache the Innocent Owner’s Attorney.
“Although the money should never have been taken in the first place, my client is grateful to the seizing agency for their cooperation toward ensuring she was made whole.”
“On behalf of the Innocent Owner, I would like to thank the hard work of Chief Sponsor Senator Daniel Thatcher, House of Representatives Sponsor Brian Greene, and the work by ACLU of Utah and Libertas Institute during the 2017 legislative session on SB 87”, says Greg Ferbrache. “Through their efforts innocent owners now have an expedited means of having their property returned and avoid extended litigation that may have taken years to have the property returned.”
Under U.C.A. 24-4-107, an innocent owner must notify the seizing agency within thirty days of their lawful claim to the property. The government must then respond within thirty days by granting the claim, denying the claim outright, or denying the claim for failure to provide sufficient proof. If the innocent owner’s claim is denied by the seizing agency, and a court later determines the claim lawful, the government pays the innocent owner’s reasonable costs and legal fees.
If you are an innocent owner and the government has seized your property, time is of the essence to notify the seizing agency of your lawful claim. You may also want to contact an attorney experienced in civil asset forfeiture to ensure your rights are protected and your property returned.
Call Ferbrache Law at 801-440-7476, the clock is ticking to get your money returned.