What are the defenses to forfeiture?
* Innocent Owner defense: Under most forfeiture laws, if you can prove that you didn’t know of or consent to the illegal use of your property, you win the forfeiture case. If the forfeiture law does not include an innocent owner defense, the U.S. Constitution does not require one, the Supreme Court held in Bennis v. Michigan, 516 U.S. 442 (1996). * Unreasonable delay defense: When the government delays too long in filing the forfeiture case or in bringing it to trial, you win if you can show that the delay is excessive and not justified, and that it harmed your ability to put on a defense. * Illegal search & seizure: As in criminal cases, you can move to suppress evidence which is illegally seized. If the judge suppresses the evidence, the government may be unable to prove its case. * Disproportionality: The U.S. Supreme Court has held that forfeitures of property that are grossly disproportionate to the severity of the offense committed are unconstitutional. See Austin v. United State
