Asset Forfeiture Attorney
When the government initiates a seizure and forfeiture action against your cash, bank account, or property, the process moves fast, and the rules do not wait. Dan Eckhart is a federal asset forfeiture attorney and former Assistant U.S. Attorney who prosecuted forfeiture cases inside the Asset Forfeiture Division of the U.S. Attorney's Office, Middle District of Florida; he now defends individuals and businesses in federal and Florida state forfeiture proceedings nationwide.
Who Dan Eckhart Law Represents
Dan Eckhart Law represents individuals and businesses facing asset forfeiture in any federal or Florida state matter. If you recognize your situation below, contact Dan before you do anything else.
- Cash seized at an airport or during a traffic stop
- Bank accounts frozen as part of a civil or criminal investigation
- Home or real estate seized as a substitute asset
- Cryptocurrency seized by a federal agency
- Assets seized alongside a parallel criminal investigation
- Jewelry or property seized from artists, record companies, or entertainment industry clients
What Asset Forfeiture Laws Allow the Government to Do
The government does not need a criminal conviction, and in many cases does not need charges, to permanently keep what it has taken. Under federal asset forfeiture laws and the Florida Contraband Forfeiture Act, law enforcement agencies can seize property they allege is derived from criminal activity and keep it unless the property owner takes specific legal steps within strict deadlines.
Two rules govern your timeline:
- Notice deadline: The seizing agency must send a notice of seizure within 60 days of the seizure, extendable to 120 days for good cause under 18 U.S.C. § 983(a)(1)(A).
- Your response deadline: Runs from the day that notice arrives, not the day of the seizure.
Why Cash Gets Seized at Airports and During Traffic Stops
Most clients had no idea their money could be taken until it was. Federal law creates specific triggers that give law enforcement officers authority to seize cash on the spot.
International Flights
Under 31 U.S.C. § 5316, travelers entering or leaving the United States with more than $10,000 in cash or monetary instruments must declare those funds to the government. Monetary instruments include:
- Currency
- Traveler's checks
- Cashier's checks
- Money orders
Failure to declare, or under-declaring the amount, gives U.S. Customs and Border Protection authority to seize the funds immediately.
Domestic Flights
There is no legal limit on how much cash a person may carry on a domestic flight. Federal drug task force agents regularly seize cash based on profiling and K-9 alerts. This practice has been challenged in multiple federal jurisdictions since marijuana legalization, as studies in peer-reviewed forensic science journals have documented that a substantial portion of circulating U.S. currency carries marijuana residue and K-9s cannot reliably distinguish trace amounts from controlled substances.
Traffic Stops
Law enforcement seizes cash during traffic stops based on K-9 alerts even when no drugs are found and the driver has no criminal history. Local seizures are often adopted by federal agencies such as DEA, shifting the case into federal forfeiture proceedings and lowering the government's burden of proof. Whether federal adoption has occurred is one of the first things Dan evaluates at intake, because it changes the applicable law and the defense strategy.
Your Two Options After Receiving a Notice of Seizure
After receiving a notice of seizure, you have two choices in a federal civil asset forfeiture case. They are not equivalent; one preserves your right to challenge the forfeiture action before a federal judge, and the other does not.
Option 1: Petition for Remission or Mitigation
This option keeps the case inside the agency. A petition is submitted to and decided entirely by the seizing agency under 28 C.F.R. § 9.5. The agency may grant full return (remission) or partial return with conditions (mitigation), but:
- Its decision is not subject to judicial review
- There is no deadline for the agency to respond
- The process can take months or years
Option 2: Judicial Claim
This option takes the civil forfeiture case to federal court. A judicial claim under 18 U.S.C. § 983(a)(2) forces the government to prove by a preponderance of the evidence that the property is subject to forfeiture. You gain:
- Full discovery
- Fourth Amendment suppression motions
- The innocent owner defense under 18 U.S.C. § 983(d)
- The right to trial
Filing deadline: 30 days from individual written notice, or 35 days after final publication of notice.
Government's deadline: Once you file, the government has 90 days to file a civil forfeiture complaint. If it misses that deadline, it must return your property and is barred from further forfeiture action under 18 U.S.C. § 983(a)(3)(A).
In Florida state civil forfeiture under the Florida Contraband Forfeiture Act, the government must meet the higher "clear and convincing evidence" standard. When a state seizure is adopted by a federal agency, the burden drops to preponderance of the evidence, a critical distinction that shapes the defense strategy.
How Dan Eckhart Approaches Each Case
Dan Eckhart Law negotiates pre-indictment and during plea-bargaining, when doing so can secure the return of legitimate assets. When negotiation is not sufficient, Dan litigates civil or criminal forfeiture in federal court to challenge the government's legal basis for the seizure. Which path makes sense depends on:
- The facts of the seizure and the agency involved
- The strength of the source-of-funds documentation
- Whether parallel criminal proceedings are active
What Dan Eckhart Has Recovered for Clients
Dan Eckhart Law has resolved civil asset forfeiture cases and criminal forfeiture matters involving cash, jewelry, real property, and cryptocurrency. The outcomes below are representative of actual cases. Identifying details have been modified to protect confidentiality.
Airport and Flight Seizures
Airport Cash Seizure | DEA | 2025 | Full Amount Returned
DEA seized funds following a K-9 alert. Dan demonstrated the money was provided by a third party for a vehicle purchase in California. All funds were returned.
Gold Jewelry and Cash, Airport | DEA | 2024 | Jewelry Returned
An independent contractor transporting gold jewelry for a foreign music artist was profiled by an Atlanta DEA task force. Both jewelry and cash were seized. A settlement secured the return of the jewelry.
Airport Cash Seizure, CBP Notified in Advance | HSI | 2022 | Substantial Amount Returned
A small business owner notified Customs and Border Protection before his flight that he was carrying a large amount of currency. The cash was still seized upon landing in Orlando. A settlement returned the substantial majority of the funds.
Domestic Flight Cash Seizure | HSI | 2022 | Full Amount Returned
A client carrying cash for a business investment had the money seized at TSA screening after a K-9 alert. A settlement returned all funds.
Traffic Stop Seizures
Traffic Stop | DEA | 2021 | Full Amount Returned
DEA seized cash during a traffic stop but failed to send the required notice of seizure of personal property for 3.5 years. All funds were returned based on the agency's failure to meet the statutory deadline under 18 U.S.C. § 983(a)(1)(A).
DUI Pretext Stop | HSI | 2022 | Full Amount Returned
Cash was seized during a traffic stop initiated as a DUI. Blood tests confirmed the client had 0% alcohol or drugs in her system. All funds were returned.
Cash Seized, Interstate Relocation | Florida State | 2021 | Funds Returned
A client moving from a legal marijuana state was stopped for speeding while carrying his life savings. Cash was seized after a K-9 alert. A settlement returned the funds.
Cash Seized En Route to Jewelry Purchase | DEA | 2021 | Full Amount Returned
An Orlando businessman was stopped for speeding on his way to a Miami jewelry store. Police seized his cash after a K-9 alert with no drugs present. After DEA adopted the case, Dan demanded a federal judge hear the matter. All funds were returned.
Property and Jewelry Seizures
Substitute Asset, Single-Family Home | FBI | 2022 | Home Retained
A wife's home was seized as a substitute asset after her estranged husband was indicted in an international import/export fraud case. The matter settled and she kept her home.
Gold Jewelry, Music Artist Residence | DEA | 2022 | Full Jewelry Returned
Gold jewelry purchased with legitimate record sales income was seized from a music artist's home based solely on a K-9 alert with no drug investigation targeting him. A settlement with the U.S. Attorney's Office secured the return of all jewelry.
Your deadline does not pause.
Call Dan directly at 407-276-0500
Dan Eckhart's Background
Dan Eckhart spent more than a decade inside the federal forfeiture system before defending clients in it, first as a Special Agent with the U.S. Customs Service in San Francisco, then as an Assistant U.S. Attorney in the Asset Forfeiture, Civil, and Criminal Divisions of the U.S. Attorney's Office, Middle District of Florida, Orlando Division.
As a Prosecutor
Dan prosecuted complex international money laundering, fraud, and narcotics matters in collaboration with the FBI, IRS, DEA, U.S. Secret Service, and Homeland Security Investigations, with case work extending to Ireland, Panama, Mexico, Brazil, and the Netherlands. DOJ training completed includes:
- Advanced Asset Forfeiture
- Advanced Money Laundering
- Bank Secrecy Act
- White-Collar Prosecutions
Dan was named to the National Trial Lawyers Top 100 Trial Lawyers in 2026 and is admitted to the Northern, Middle, and Southern Districts of Florida, the Eastern and Western Districts of Michigan, the Northern District of Illinois, and the District of Columbia.
Fees
Dan Eckhart Law takes asset forfeiture cases on a contingency fee basis; you pay nothing up front. The standard fee is 40% of what is recovered. Cases involving vehicle seizures or low amounts of currency may not justify representation depending on the expected recovery, so Dan evaluates each case individually. Contact him directly to find out whether your case is a fit.
Contact Dan Eckhart
Time is the one thing you cannot recover after a seizure. Your response deadline runs from the date you receive written notice, not the date of the seizure, and can be as short as 30 days. Dan Eckhart Law handles federal forfeiture cases anywhere in the United States and state forfeiture matters throughout Florida. All clients communicate directly with Dan; no associates, no paralegals.
Bring to your first call:
- Your seizure notice or agency letter
- Any police or agency reports
- Documents showing the legitimate source of the seized funds or property
Call Dan directly at 407-276-0500 or Schedule a Confidential Consultation
Frequently Asked Questions
Does the government need a criminal conviction to forfeit my property?
No. Civil asset forfeiture does not require a criminal conviction, and in many cases does not require a criminal charge at all. Under civil forfeiture laws, the government treats the property itself as the defendant, meaning forfeiture proceedings can move forward even if you are never prosecuted. This is one reason why civil forfeiture actions are so difficult to navigate without an experienced attorney: the forfeiture process operates on a separate legal track from any criminal prosecution.
What happens to seized property under Florida law?
Florida law allows law enforcement to seize property they allege is linked to criminal activity under the Florida Contraband Forfeiture Act, which the Florida legislature approved as the primary statute governing asset forfeitures in the state. The standard of proof in Florida civil forfeiture proceedings is "clear and convincing evidence," which is higher than the federal preponderance standard. Proceeds from forfeited property go into a forfeiture fund administered by the seizing agency, which critics of forfeiture reform advocates argue creates a financial incentive for local law enforcement agencies to pursue seizures.
Can my property be seized if I have not been charged with a criminal offense?
Yes. Florida criminal and civil forfeiture laws both permit the government to seize property without first arresting you for a criminal offense. Under civil forfeiture statutes, the only requirement is that law enforcement officers establish probable cause that the property is subject to forfeiture, meaning it was used in, or derived from, illegal activities. An experienced criminal defense attorney should be contacted immediately when property is seized, regardless of whether criminal charges have been filed.
Do I need an asset forfeiture attorney if I was not arrested?
Yes. An asset forfeiture lawyer is essential even when no criminal charge has been filed. Civil forfeiture proceedings have their own deadlines, pleading requirements, and burden-shifting rules that are separate from criminal law. A civil asset forfeiture attorney who understands both the civil forfeiture process and the underlying criminal law can evaluate whether the seizure was lawful, identify defenses available to the property owner, and determine whether filing a judicial claim is the right move. Missing those deadlines, even without a criminal case pending, permanently forfeits your right to contest the seizure in court.
Does Dan Eckhart handle asset forfeiture cases outside Orlando, including Miami?
Yes. Dan Eckhart Law handles state or federal asset forfeiture cases throughout Florida, including Miami asset forfeiture matters, as well as federal and state forfeiture cases nationwide. Dan is admitted in multiple federal districts and has defended clients against seizures by local law enforcement agencies and federal agencies across the country. Whether your case is part of a criminal case or a standalone civil forfeiture action, Dan evaluates it directly.