A company may be surprised to learn that its vehicles, bank funds, equipment, cash, or property have been seized or identified in a civil forfeiture proceeding. Losing access to business assets could affect daily operations, financing, and cash flow.
A civil forfeiture lawyer can review the government’s allegations, identify the company’s legal interest, gather evidence of legitimate ownership or acquisition, respond to applicable deadlines, and represent the business in negotiations or court proceedings.
How Civil Forfeiture Works in British Columbia
Under the Civil Forfeiture Act in BC (the Act), the Director of Civil Forfeiture may seek forfeiture of a property alleged to be proceeds of or an instrument of unlawful activity. The Act defines property broadly, including real property, tangible and intangible personal property, and cash.
- Proceeds of unlawful activity: Property or an interest in property acquired directly or indirectly through illegal activities.
- Instrument of unlawful activity: Property used, or likely to be used, in connection with illegal activities.
Civil forfeiture is separate from criminal prosecution. An unlawful activity may be found even if nobody is charged, or if charges were withdrawn, stayed, didn’t proceed, or resulted in an acquittal. Findings are made on the balance of probabilities.
Civil forfeiture in BC may proceed through either the Supreme Court of British Columbia or administrative forfeiture.
What Business Assets Can Be Involved?
Business property forfeiture may involve:
- Business bank accounts or cash.
- Company vehicles.
- Machinery or equipment.
- Commercial or other real property.
- Equipment, inventory or other tangible business property.
- Other financial or intangible property interests.
The government may examine how property was acquired or used and its alleged connection to unlawful activity. Lenders, co-owners, corporations and other parties may also have interests that require protection.
Why Businesses Should Respond Quickly
A business asset seizure in BC may involve procedural requirements and deadlines. A lawyer can help by:
- Reviewing seizure, forfeiture, or preservation documents.
- Identifying the allegations and claimed connection to unlawful activity.
- Documenting ownership and financial interests.
- Gathering banking, accounting, purchase, and financing records.
- Identifying lenders, shareholders, partners, or other third-party interests.
- Filing applicable notices or disputes within the required timeframe.
Certain qualifying non-real property valued at $75,000 or less may be subject to administrative forfeiture. The Act provides a 60-day dispute period, calculated according to the applicable notice dates.
How a Civil Forfeiture Lawyer Can Help Protect a Company’s Interests
An asset forfeiture lawyer in Surrey may:
- Assess the government’s evidence.
- Trace legitimate funds.
- Establish ownership and business use.
- Identify protected interests.
- Prepare responses and evidence.
The Act provides protections in certain circumstances for an uninvolved interest holder. Whether those protections apply depends on the facts and the nature of the interest claimed.
FAQs
Can the government pursue business property without a conviction?
Yes, potentially. Civil forfeiture is separate from criminal proceedings, and authorities may find unlawful activity without a criminal conviction.
What is administrative forfeiture in BC?
It applies to qualifying non-real property valued at $75,000 or less, subject to statutory requirements.
Can a company challenge civil forfeiture?
Potentially. A corporation or other person with an interest in property may dispute forfeiture or respond to court proceedings, depending on the circumstances.
Protect Your Business Assets with Basra Law
A civil forfeiture claim may affect much more than one asset. Early legal advice can help protect a company’s interests.
If your company is facing business property forfeiture and needs an asset seizure lawyer in Surrey, contact Basra Law Group at 604-560-0016 to schedule a consultation with a civil forfeiture lawyer serving the Lower Mainland.
