You should consult a competent federal defense attorney immediately.  If a witness lies at a federal trial, he or she could be prosecuted for perjury.  If a witness refuses to testify, that draws unwanted attention from the prosecutor who could make the person the subject of an investigation.  The witness could also be held in contempt for refusing to testify.  A practical solution to this dilemma can be to negotiate an immunity agreement which protects the witness while giving the prosecutors the information they need.  This is a very tricky area in which representation by an attorney is essential.

Contact a competent criminal defense attorney right away.  If a person works for the government and asserts the Fifth Amendment by refusing to answer questions, that can be a basis for termination of employment.  If incriminating answers are given, the individual can be prosecuted.  This area is filled with landmines, so representation by an attorney is crucial.

Normally, you should mail a claim letter to the agency that seized your property.  By sending in a claim letter, you stop the agency’s internal (administrative) forfeiture process and force the government to file a civil forfeiture case in federal court.  The instructions for preparing and mailing a claim are contained in the Notice of Seizure letter you received from the agency.  Be sure to follow the instructions carefully.  You must state in the claim letter what your relationship is to the property.  Are you the owner?  Was the property in your possession when it was seized?  Are you a victim of a fraud-type crime that gave rise to the forfeiture?  If so, you have a right to contest the forfeiture of the property.

You must make your claim under penalty of perjury.  You don’t need to have the letter witnessed by a notary.  However, you must state that the claim is made under penalty of perjury.  It is crucial that the claim letter arrives at the seizing agency before the 30 day deadline stated in the Notice of Seizure letter.  If you mail the letter close to the deadline, it will often arrive after the 30 day deadline and your property will be declared forfeited.  You will have no further recourse.  Keep in mind that if you go forward without legal representation, you will need to deal directly with the government's attorneys who are well versed in forfeiture law.

If you do not understand the Notice of Seizure letter, you need to speak with an attorney.  If you are not sure what you want to do, you should consult an attorney.  Not everyone who can make a claim should send a claim letter to the seizing agency.  For some people, there may be a risk of self-incrimination involved in claiming the property.  Some innocent people can take advantage of an administrative pardon procedure known as “remission or mitigation” of the forfeiture.  An attorney can explain how this procedure might benefit you and prepare a petition for remission or mitigation on your behalf.  In the typical case, the remission or mitigation procedure is not likely to get your property back.  So don’t rely on it without the advice of an attorney who is an expert on forfeiture cases.

A so-called “third party” petition in a criminal case is usually beyond the ability of a non-lawyer to draft and timely file in court.  By filing such a petition you become a party to a federal case and may have to appear in court to argue your own case if you are not represented by an attorney.  You will face a prosecutor who is usually a specialist in forfeiture cases and who is not likely to agree with your petition.  Moreover, you will have the burden of proving your “case” to get the property back.  Unfortunately, because this part of the case is considered civil in nature, you aren’t entitled to a court-appointed lawyer if you are indigent.  If you can afford a lawyer, it would be a great mistake to try to get by without one.

You should contact the prosecutor or the victim-witness coordinator at the U.S. Attorney’s Office and request information on making a claim for restitution.  The office will send you some forms to complete and request that you submit documents showing that you invested money with the defendant or otherwise suffered a compensable loss as a direct result of the fraud for which the defendant was prosecuted.  If you do this on your own, you will deal directly with the government attorneys or, in some cases, receivers that are appointed by the court to administer the claims process.  An attorney, on the other hand, will assist you in preparing your claim, file it, appear in court if necessary, answer your questions about the process, and insure that the court orders the amount of restitution to which you are lawfully entitled.  Although you are not a party to the proceeding in court, you have certain procedural rights—including a right to be heard by the court—under the Crime Victims’ Rights Act of 2004, 18 U.S.C. §3771.

Mr. Smith has represented thousands of victims in fraud cases where the government has seized the assets controlled by the criminal defendant with a view to restoring them to the victims.  When representing numerous victims in the same case, it is normal to charge a small contingent fee (a percentage of the recovery) to each client.  This avoids the need for the claimant to advance any funds or pay anything out of pocket.

Administrative avenues are available to correct military records, but this is a tricky area to navigate.  Representation by an attorney who is thoroughly familiar with military procedure is essential for obtaining satisfactory results.

Detailed military defense counsel are competent and professional, but they tend to be young attorneys usually in the rank of 02 or 03.  They also tend to have heavy caseloads because, in addition to representing the accuseds at courts-martial, they also advise individuals pending non-judicial punishment under Article 15 and administrative discharge boards.  By hiring a retired JAG officer, the accused guarantees that he or she will receive personal attention and the benefits of many years of trial experience.  This can make a difference between winning and losing.  For example, several years ago Mr. English defended a corporal who was accused of aggravated assault in a BCD special court-martial.  His detailed Marine attorney told him to plead guilty because the case was hopeless.  He hired Mr. English, and was acquitted at trial.  There is no substitute for experience.