Josiah Swinney: Indianapolis Forfeiture Lawyer – Protecting Your Property Rights

When facing the daunting prospect of asset forfeiture, whether through state or federal proceedings, you need a skilled and experienced attorney by your side. Josiah Swinney, a distinguished criminal and forfeiture lawyer based in Indianapolis, Indiana, specializes in defending clients against unjust property seizures. With a proven track record in navigating complex forfeiture laws, including the Indiana turnover statute, federal forfeiture, state forfeiture, and high-profile FedEx cash seizures at the Indianapolis airport, Josiah Swinney is the advocate you need to protect your rights and reclaim your property. Call Josiah Swinney directly at 317-753-7134 for a free consultation and take the first step toward securing your financial future.

Understanding Asset Forfeiture: A Threat to Your Property

Asset forfeiture is a legal process through which the government seizes property, cash, or assets believed to be connected to criminal activity. This can occur in both criminal and civil contexts, often leaving individuals and businesses blindsided and financially devastated. Forfeiture laws are complex, and the government’s aggressive tactics can make it difficult to recover your property without expert legal representation.

Has the federal government taken your cash, frozen your bank accounts, or seized property that can extend as far as taking your home? Josiah Swinney, Criminal Attorney, can help. The federal government can take your property in criminal cases, but also in civil cases against the property itself. These are known as in rem proceedings, which is Latin for “against the thing.” In these cases, the property itself is deemed “guilty,” and the government seeks to permanently take ownership without necessarily charging the property owner with a crime.

If you don’t act after the government takes your property, you can lose your right to get it back. In Wilson v. United States, an attorney filed the wrong petition and lost the ability to even contest the taking of the property. 75 F.4th 775, 778 (7th Cir. 2022). The Seventh Circuit held that “careless mistakes” result in losing your right to get your property back. The lawyer in Wilson made a mistake because the process is very complex. The government never makes getting your rightful property back easy. Hire Josiah Swinney to help you get your property back. He is experienced in retrieving property and money from the government.

Josiah Swinney: Your Trusted Indianapolis Forfeiture Attorney

Josiah Swinney is a seasoned trial lawyer and constitutional rights advocate with a reputation for excellence in handling complex forfeiture cases. Recognized as a Super Lawyers® Rising Star in 2022, 2023, and 2024, Josiah is among the top 2.5% of attorneys under 40, a testament to his skill and dedication. With extensive experience in both state and federal courts, including the United States Court of Appeals for the Seventh Circuit, Josiah has successfully represented clients facing asset forfeiture, criminal charges, and constitutional violations.

Josiah’s approach to forfeiture cases is both strategic and aggressive. He meticulously investigates the circumstances of each seizure, identifies procedural errors, and leverages constitutional protections to challenge unlawful government actions. His mentorship under Jeff Cardella, a renowned attorney who secured a federal court order banning Indiana law enforcement from enforcing the state’s forfeiture law due to due process violations, has equipped Josiah with unparalleled insight into forfeiture defense strategies. Whether you’re facing state forfeiture, federal forfeiture, or the Indiana turnover statute, Josiah Swinney is prepared to fight for your rights.

Indiana State Forfeiture vs. Federal Forfeiture: Key Differences

Understanding the differences between state and federal forfeiture is critical when navigating a seizure case. Each system operates under distinct laws, procedures, and jurisdictions, and the stakes are high in both.

State Forfeiture in Indiana

In Indiana, state forfeiture is governed by Indiana Code 34-24-1, which allows law enforcement to seize property suspected of being connected to criminal activity, such as drug offenses, theft, or fraud. State forfeiture cases are typically handled by local prosecutors, such as the Marion County Prosecutor’s Office, and are processed in Indiana state courts. However, Indiana’s forfeiture laws have faced significant scrutiny for their lack of due process protections.

One of the most controversial aspects of Indiana’s forfeiture system is the lack of transparency in seizure proceedings. For example, in cases involving FedEx cash seizures at the Indianapolis airport, prosecutors often fail to specify the alleged crime justifying the seizure, leaving property owners to navigate a complex legal maze to reclaim their assets. Additionally, Indiana’s forfeiture laws allow law enforcement agencies to retain a portion of the seized assets, creating a profit incentive that critics argue leads to abuse.

Josiah Swinney has extensive experience challenging state forfeiture actions. By invoking protections under the Fourth Amendment, Article 1, Section 11 of the Indiana Constitution, and landmark cases like Timbs v. Indiana (which ruled that excessive forfeitures violate the Eighth Amendment), Josiah builds robust defenses to protect his clients’ property.

Federal Forfeiture: A Nationwide Threat

Federal forfeiture operates under the Comprehensive Crime Control Act of 1984 and other federal statutes, allowing agencies like the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), and Department of Homeland Security (DHS) to seize assets suspected of being linked to federal crimes, such as drug trafficking, money laundering, or racketeering. Federal forfeiture cases are often more complex than state cases due to the broader jurisdictional reach and the involvement of federal prosecutors.

The United States Attorney for the Southern District of Indiana, Zachary A. Myers, announced that the Office Asset Recovery Unit collected $33,855,363 in asset forfeiture and financial litigation debt in Fiscal Year 2024. Of this amount, $18,840,034.68 was collected through enforcement of criminal restitution debts and civil collections, and $15,015,329 resulted from criminal and civil forfeiture actions. This is merely the Southern District of Indiana alone. Don’t get pushed around by complex procedures and federal prosecutors. Call Josiah Swinney to review your case.

Federal forfeiture can involve in rem proceedings, where the government targets the property itself rather than the owner. These cases are notoriously difficult to contest due to strict deadlines, complex filing requirements, and the government’s presumption that the seized property is guilty. As illustrated in Wilson v. United States, a single procedural misstep can result in the permanent loss of your property. Josiah Swinney’s expertise in federal forfeiture ensures that clients avoid such pitfalls and mount effective challenges to recover their assets.

The Indiana Forfeiture Turnover Statute: Where State Forfeiture Meets Federal Forfeiture

The Indiana turnover statute, found under Indiana Code 34-24-1-9, allows state authorities to transfer forfeiture cases to federal agencies, a process known as “equitable sharing.” Under this arrangement, state law enforcement seizes property and then turns it over to federal authorities, who handle the forfeiture under federal law. The federal government then returns a portion of the proceeds—up to 80%—to the state agency, creating a financial incentive for state officials to federalize forfeiture cases.

This practice has drawn criticism for circumventing Indiana’s due process protections. For example, state forfeiture cases require a nexus between the property and a specific crime, and Indiana courts have imposed stricter oversight following cases like Timbs v. Indiana. By transferring cases to the federal system, state agencies can bypass these safeguards, subjecting property owners to the more stringent federal forfeiture process.

Josiah Swinney is well-versed in challenging turnovers under the Indiana turnover statute. He scrutinizes the legality of the initial seizure, the transfer process, and the federal forfeiture proceedings to identify violations of due process, the Fourth Amendment, or other constitutional protections. His cross-jurisdictional knowledge ensures that clients receive comprehensive representation, whether the case remains in state court or is escalated to the federal level.

FedEx Cash Seizures at the Indianapolis Airport: A Growing Concern

Indianapolis is home to the second-largest FedEx Express hub in the United States, processing up to 99,000 packages per hour. This strategic location has made the Indianapolis airport a hotspot for cash seizures, with Indiana law enforcement exploiting the hub to intercept packages containing currency. According to reports, the Marion County Prosecutor’s Office has seized millions of dollars in cash from FedEx packages over the past few years, often without specifying the alleged crime justifying the forfeiture.

A high-profile example is the case of Henry and Minh Cheng, who run a wholesale jewelry business. In April 2024, a Virginia client sent them $42,825 in cash via FedEx to pay for a bulk order of gold jewelry. The package was intercepted at the Indianapolis FedEx hub, and an Indianapolis police officer seized the cash based on questionable grounds, such as the package being “taped on all seams” or originating from a state like California. The Marion County Prosecutor’s Office initiated forfeiture proceedings without identifying an Indiana crime, leaving the Chengs to fight a costly legal battle to recover their money.

These seizures are part of a broader pattern of abuse, with law enforcement using K-9 units to “alert” on packages and then seizing cash without evidence of criminal activity. The Institute for Justice, a public interest law firm, has filed a class-action lawsuit against the Marion County Prosecutor’s Office, alleging that these practices violate due process and exploit Indianapolis’s role as a shipping hub. Over the past two years, the prosecutor’s office has reportedly sought to forfeit $2.5 million from at least 130 FedEx parcels, many of which had no connection to Indiana other than passing through the hub.

Josiah Swinney is at the forefront of defending clients caught in these predatory seizures. By challenging the lack of probable cause, inadequate notice, and constitutional violations, Josiah works to secure the return of seized cash and hold law enforcement accountable. His familiarity with the Indianapolis FedEx hub cases and his strategic approach make him a trusted advocate for out-of-state and local clients alike.

Indiana Forfeiture Attorney Josiah Swinney’s Fee Structure 

Josiah Swinney understands that facing asset forfeiture is a financial burden. His contingency fee structure is designed to align his interests with those of his clients, ensuring that the majority of his compensation occurs only if he successfully recovers your property. Below is a detailed breakdown of his fee percentages based on the amount recovered:

• 50% of $100,000 = $50,000
• 33% of $100,000 ($200,000 – $100,000) = $33,000
• 25% of $150,000 ($350,000 – $200,000) = $37,500
• 20% of $400,000 ($750,000 – $350,000) = $80,000
• 15% of $250,000 ($1,000,000 – $750,000) = $37,500
• Total Fee: $238,000

This transparent pricing model reflects Josiah’s commitment to fairness and client satisfaction. He also offers free consultations to assess your case and discuss potential costs upfront, ensuring there are no surprises.

Why Choose Josiah Swinney as your Indiana Forfeiture Lawyer ?

Choosing the right attorney can make all the difference in a forfeiture case. Here are just a few reasons why Josiah Swinney stands out as the premier Indianapolis forfeiture lawyer:

1. Proven Expertise: With a background clerking for Solicitor General Thomas M. Fisher and drafting cases for the U.S. Supreme Court, Josiah brings a deep understanding of complex legal issues to every case.
2. Constitutional Advocacy: Josiah’s mastery of Fourth Amendment, Fifth Amendment, and Indiana constitutional protections allows him to challenge unlawful seizures and suppress illegally obtained evidence.
3. Client-Centered Approach: Clients consistently praise Josiah for his responsiveness, compassion, and dedication. Reviews highlight his ability to explain complex legal processes and keep clients informed at every step.
4. Successful Track Record: From securing reversals in appellate courts to recovering seized assets, Josiah has a history of achieving favorable outcomes in high-stakes forfeiture and criminal cases.
5. Local Knowledge: As an Indianapolis native, Josiah understands the local legal landscape, including the practices of the Marion County Prosecutor’s Office and the Southern District of Indiana’s federal prosecutors.

Navigating the Indiana Forfeiture Process with Indiana Lawyer Josiah Swinney

The forfeiture process is fraught with challenges, from strict deadlines to complex legal filings. Here’s how Josiah Swinney guides clients through the process:

1. Case Evaluation: Josiah begins with a thorough review of the seizure, examining police reports, court filings, and any available evidence to identify procedural errors or constitutional violations.
2. Strategic Planning: Based on the case details, Josiah develops a tailored strategy, which may involve filing a motion to suppress evidence, challenging the seizure’s legality, or negotiating with prosecutors.
3. Court Representation: Whether in state court, federal court, or appellate proceedings, Josiah provides aggressive advocacy, leveraging his trial and appellate experience to fight for your property.
4. Recovery and Resolution: Josiah works tirelessly to secure the return of your assets, ensuring that you receive the maximum recovery possible under the law.

Contact Indianapolis Forfeiture Attorney to Protect Your Property Today

Asset forfeiture is a serious threat to your financial security, but you don’t have to face it alone. Josiah Swinney, Indianapolis’s premier forfeiture lawyer, is ready to defend your rights and reclaim your property. Whether you’re dealing with a FedEx cash seizure, a federal in rem proceeding, or a state forfeiture under the Indiana turnover statute, Josiah’s expertise and dedication make him the ideal choice.

Don’t let the government’s complex procedures or aggressive tactics intimidate you. Contact Josiah Swinney today at 317-753-7134 for a free consultation. With his proven track record, transparent fee structure, and unwavering commitment to justice, Josiah Swinney is the advocate you need to protect your property and secure your future.  Contact Josiah Swinney today for a confidential free consultation. Josiah Swinney has also worked closely with Jeff Cardella, the attorney who successfully challenged the Indiana Forfeiture law as being unconstitutional. Let Josiah Swinney help you navigate the legal system and get your life back on track. Or click the following link for additional information about Federal Forfeiture in Indiana.