The DEA seized $8K from Georgia man at Atlanta airport — then he spent $15K in legal fees to get it back. Here's how a judge ruled on the case. Fair?

Moore was never charged with a crime, but the officers kept over $8,000 of his cash, according to the local broadcaster. He successfully challenged the seizure in court, but it cost him $15,000 in legal fees.

That was back in March of 2021. It wasn’t until this past August a federal appeals court ruled the government had to pay his legal fees as well.

“I felt a little bit of justice, finally,” Moore said.

Channel 2 says it contacted the DEA for comment but didn’t immediately receive a reply.

Moore’s story ended in satisfaction. So, what steps should be taken if the same thing happens to you?

How police use civil forfeiture to confiscate property

Moore’s money was seized under a practice known as civil forfeiture, per the broadcaster. In short, it allows authorities to confiscate property that they believe is associated with a crime. That could include money, a phone, a car, jewelry or even a home.

As Cornell University notes [2], no charges or conviction are required in civil forfeiture. The government must simply make a case for seizing your property and, once that happens, “the burden of proof often shifts to the owner to prove it was not involved in or derived from criminal activity.”

Critics, including the American Civil Liberties Union, argue that the law was “originally presented as a way to cripple large-scale criminal enterprises by diverting their resources,” but has since become a way for police “to benefit their bottom lines, making seizures motivated by profit rather than crime-fighting [3].”

That’s because the authorities who seize property often get to benefit from it. Rules may vary by jurisdiction, and some places have banned civil forfeiture, but there are a number of state and federal programs that make way for proceeds from seized assets to be distributed among cooperating government agencies.

For those who fall victim to civil forfeiture, the cost of mounting a fight to retrieve their property can outweigh its value. Moore’s initial challenge is an example of this.

But in some cases, the loss is extreme. In 2019, USA Today documented [4] the story of a South Carolina woman in her 80s who nearly had her house seized in 2014 after authorities claimed her younger relatives were selling drugs in her yard. Though she had nothing to do with any illegal activity, and actively tried to curb it, law enforcement still attempted to take her home. She fought it and, in 2016, ultimately won her case, but the process left her bankrupt.

Ways to fight civil forfeiture and get your property back

Though it can be a difficult and expensive fight, there are ways you can take on the authorities if you ever get caught up in a civil forfeiture case.

First, lawyer up as fast as possible. Legal counsel can help you navigate local laws and make sure you don’t miss any deadlines to challenge the forfeiture. They can also help ensure that due process was followed, and argue on your behalf if seizure protocol was followed improperly.

To that end, gather as much evidence as possible to support your case. That includes any form of documentation that can verify the origin of the seized property and witness testimony to substantiate the facts of the case.

As University of Pennsylvania law professor Louis Rulli previously told USA Today: “Just because you haven’t done anything wrong does not mean you’re safe from civil forfeiture, and it’s very costly and very difficult to fight the government [5].”

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