Civil forfeiture laws permit law enforcement to seize property allegedly connected to criminal activity. These laws have been heavily scrutinized. Congress enacted the Civil Asset Forfeiture Reform Act (CAFRA) to curb erroneous forfeitures and make claimants whole “after wrongful government seizures.” Under CAFRA, a property owner may recover reasonable attorneys’ fees and other litigation costs if he or she “substantially prevails.”
Richard Ross is an attorney who holds client funds in a trust account at a bank. On October 6, 2021, a business wired $29.6 million into that account after receiving a fraudulent email instructing it to do so. The business soon discovered the fraudulent nature of the email and reported this to the authorities. Ross, believing the funds came from a client who settled a copyright matter, distributed them as instructed. When the bank flagged the transaction for fraud, Ross directed it to recall all pending transfers. By acting promptly, Ross prevented the fraudster from stealing $1.5 million dollars.
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