Note that the actual search and seizure warrant will most likely
remain sealed in the court records until either a civil and/or criminal case is
filed and unsealed. The parties would have been served with the search
and seizure warrants that relate to their respective property just prior to the
search and seizure.
Real property as a
general rule is not seized prior to forfeiture as might be the case of bank
accounts, planes and boats, etc. In the case of real property, what
normally happens is that the government will file a notice of lis pendens
(which can be located in public records) and do a writ of entry to inspect and
inventory the property. Also note that there are a number of reasons and
factors that go into what the government might initially seize in a case. Some
of the factors include the equity or value of something, the amount of work and
the ability of the government to maintain the property that it seizes (such as
animals and businesses). Some assets may be hidden and eventually be
discovered or located as the investigation progresses. Some assets may be
located overseas and while most of those assets can be recovered and forfeited,
it is a longer process and takes more time. Additional assets that can be
traced as proceeds of the crime or used as substitute assets may be added to
either a civil forfeiture complaint or a criminal indictment. Another important
note is that the government also has the task of selling and recovering
what money it can from assets that are seized and forfeited. For example,
while someone might have used proceeds to buy a very expensive painting, the
market might be very small for that type of painting. Another example is when
the proceeds were spent on personal items such as clothes, shoes and purses. These
are hard to ever get back the actual or retail value spent on them because you have to find the right person who is the same size who wants the used items, and rarely do they want to pay retail for used items.
Because this is an
ongoing investigation with no arrest as of yet, it could be some time
before an indictment or indictments are actually issued by the grand jury and any arrests are made. Based on news reports, a vast amount of documents will
need to be reviewed, an indictment will have to be drafted and go through an
internal review process before it is presented to the grand jury. The grand
jury can ask questions and make a request for additional informational or
investigation be done on the case before it votes on and returns an indictment.
Also during this process, people involved can make proffers of what they
know, cut deals, plead guilty (in which case the United States Attorney's
office might file a complaint rather than a federal grand jury returning an
indictment) and the person pleads to the complaint saving time and resources). This federal criminal process takes more time than most probably realize and
there are a number of very important steps that must be taken behind the scenes
to ensure that a federal crime has been committed, the right charges are
brought, and in the end that justice is done.
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