Elias Kohn Law is actively investigating forfeiture cases where the penalties far exceed the severity of the alleged conduct, and whether civil asset forfeitures are subject to the Eighth Amendment’s prohibition on excessive fines. In practical terms, this means that taking property worth thousands—or even tens of thousands—of dollars for a minor infraction may be unconstitutional.
We are examining cases that involve:
- Large sums of money seized for minor offenses: For example, cash confiscated in low-level drug cases where no criminal charges are filed, or money taken during traffic stops based on vague suspicions.
- Home‑equity theft: Following Tyler v. Hennepin County, municipalities must return surplus proceeds from tax sales or fairly compensate owners. When a county sells a home to satisfy back taxes and keeps the entire proceeds—often far exceeding the tax debt—it may violate the Fifth Amendment’s Takings Clause and the Eighth Amendment’s Excessive Fines Clause.
- Property forfeited without proportional justification: If the value of the property seized is grossly disproportionate to the alleged wrongdoing, courts may deem the forfeiture excessive. This includes situations where fines and fees rapidly compound, turning a small infraction into a financial nightmare.
If you believe your forfeiture was excessive—whether it involved cash, real estate, or personal property—you may have grounds to challenge it. Have you lost more than you should have? Contact Elias Kohn Law today. We will evaluate your case, explain your rights, and fight to recover your property or secure fair compensation.