Asset forfeiture and property protection
Representation of owners, possessors, companies, families and third parties affected by precautionary measures or proceedings involving assets allegedly connected to unlawful activities.
Discuss the caseAn autonomous proceeding with direct consequences for property
Asset forfeiture is not a criminal penalty and does not necessarily depend on a criminal conviction. It is an autonomous proceeding that may affect real estate, bank accounts, vehicles, companies, businesses and other assets.
The defense requires reconstructing the origin of the property, verifying how it was acquired, establishing its actual use and determining the legal position of each owner or affected third party.
Matters covered
Assets whose origin is under investigation
Proceedings in which authorities question whether property was acquired directly or indirectly with proceeds allegedly derived from unlawful activities.
Assets allegedly used for unlawful activities
Cases in which real estate, vehicles, companies or other assets are alleged to have been used as instruments of unlawful conduct.
Increases in net worth
Review of income, investments, purchases, loans, inheritances, business transactions and other sources through which property was acquired.
Precautionary measures
Representation in connection with attachments, seizures, restrictions on disposition, possession orders and other measures affecting property.
Good-faith third parties
Defense of individuals or companies that acquired, financed, administered or received property without knowledge of an alleged connection to unlawful activities.
Business and family property
Protection of companies, businesses, family assets and property shared with individuals under investigation.
A relationship with an investigated person is not sufficient
Being a relative, business partner, contractor, creditor or purchaser of an investigated person does not by itself establish that property has an unlawful origin.
The analysis must determine when the property was acquired, which funds were used, who administered it, how it was used and what knowledge can reasonably be attributed to the affected person.
Relevant documentation
The defense may require review of:
- Deeds and certificates of title.
- Purchase and sale agreements.
- Bank statements.
- Tax returns.
- Accounting records.
- Loan agreements.
- Corporate documents.
- Invoices and commercial records.
- Inheritances, gifts and property settlements.
- Evidence concerning the use and administration of the assets.
Each document must form part of a coherent explanation regarding the origin and use of the property, including matters connected to international criminal defense.
Representation throughout the proceedings
Representation may include legal defense and representation at every stage:
Parallel proceedings
The same facts may simultaneously give rise to:
- Criminal investigations.
- Asset forfeiture proceedings.
- Attachments and seizures.
- Tax investigations.
- Corporate proceedings.
- Actions involving companies.
- Extradition requests.
- Measures affecting property held by relatives or third parties.
The strategy must coordinate these proceedings to prevent contradictions and protect the client's legal and property interests comprehensively.
Frequently asked questions
Not necessarily. It is an autonomous proceeding, although it may arise from facts also investigated in criminal proceedings.
Yes. Authorities may investigate property held by relatives or third parties, but the origin, acquisition and actual knowledge of each person must be examined individually.
A person or company that lawfully acquired or maintained an interest in property without knowledge of its alleged connection to unlawful activities.
No. Precautionary measures are provisional while the proceeding is being decided.
Yes. The defense may cover companies, businesses, bank accounts, assets and corporate rights.
Yes. The information and documents provided are protected by professional confidentiality.
Related practice areas
Consultation regarding assets or property-related measures
The consultation allows an initial review of the affected assets, the measures imposed, the available documentation and the legal alternatives applicable to the matter.
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