$ 675-825 per hour
David Benjamin Smith
About David
Biography
For eight years prior to entering private practice in 1986, Mr. Smith was a prosecutor at the U.S. Department of Justice, where he served as an Assistant U.S. Attorney in Alexandria, Virginia and a Trial Attorney in Criminal Division’s Appellate and Narcotics Sections. He was the first Deputy Chief of the Asset Forfeiture Office, where he was responsible for supervising all forfeiture litigation in the United States.
With Mr. Smith's extensive background in forfeiture law, he participates in civil and criminal forfeiture cases all over the United States and consults extensively with other lawyers in this area of law. He is a frequent lecturer on forfeiture practice. Mr. Smith's practice includes federal criminal defense and criminal appeals. He has argued numerous federal criminal appeals as both a prosecutor and defense attorney, and also has extensive experience with civil and criminal litigation in the Supreme Court of the United States.
Mr. Smith is the author of the leading two-volume treatise, Prosecution and Defense of Forfeiture Cases (2018), published by Matthew Bender, and is considered the top expert on forfeiture law in the United States. He is the co-author of another leading treatise, Civil RICO (2018), also published by Matthew Bender. The book covers criminal prosecutions as well as private, civil litigation under the RICO statute. He is regularly quoted by newspaper reporters and has appeared on many television news programs.
Mr. Smith has counseled the Senate and House Judiciary Committees on forfeiture reform legislation, and was heavily involved in drafting the Civil Asset Forfeiture Reform Act of 2000. He has testified before congressional committees several times with respect to forfeiture, restitution and money laundering legislation. He has been retained to provide legal opinions as an expert on American forfeiture law in several foreign enforcement cases in the United Kingdom and the Channel Islands.
Practice Areas
3
Practice Areas
Fees and Rates
Cost
Hourly Rates
Contingency
10%-50%
Payment Methods
- Cash
- Check
- Credit Card
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Chat withLicenses
Licensed in District of Columbia for 39 years
State: District of Columbia
Acquired: 1986
No misconduct found
Licensed in Virginia for 39 years
State: Virginia
Acquired: 1986
No misconduct found
Licensed in Pennsylvania for 48 years
State: Pennsylvania
Acquired: 1977
No misconduct found
Location
David B. Smith, PLLC
108 N Alfred St, Alexandria, VA, 22314-3053
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David Benjamin Smith's Reviews
Showing 1 - 4 of 4 client reviews from Avvo
Posted by Jane O. | October 15, 2018 | Hired Attorney
This review is from a person who hired this attorney.
Outstanding and knowledgeable expert!
I cannot say enough good things about David. I read about him in a report on asset forfeiture and decided to call him to see if he would help me. I had spoken with many other attorneys regarding this topic and they all had really no idea how asset forfeiture worked in real terms or what strategies co...
Posted by anonymous | December 7, 2016 | Hired Attorney
This review is from a person who hired this attorney.
The most professional and humane!
Mr. Smith was recommended for me by another lawyer, I was going through a very stressful time and I'm glad that I could make the right choice to hire him, he is the most professional and humane ! He is an outstanding Lawyer ! I found him an expert in the law , a very warm- hearted ,well respected ma...
Posted by Donnie | December 29, 2014
Stellar service
This law firm and attorney was recommended to me and since the minute I acquired their services they have been stellar in every sense knowledgeable expedient top-notch would recommend it to anyone
Posted by ANH | October 30, 2014
Incredible Lawyer of structuring! Highly recommended !
Mr David B. Smith is an outstanding lawyer in Virginia. He is not only an expert in the law but also a very warm- hearted and well respected man. He is easy to talk to and makes me feel comfortable after very stressful time. He worked very promptly, responded quickly to my questions. I am so lucky t...
David Benjamin Smith's Lawyer Endorsements
"I have known David for 25 years. He is a caring and knowledgable lawyer. Repeatedly I have referred him forfeiture defense cases."
"David Smith is a nationally known criminal defense lawyer with a specialty in asset seizure and forfeiture defense. He literally wrote the two volume book on civil and criminal forfeiture. He also helped achieve badly needed, major forfeiture reform by his work in furtherance of the Civil Asset Forfeiture Reform Act ("CAFRA"). There is no one who is more knowledgeable, experienced and accomplished in this area of the law. Plus he's a very nice man, freely shares his unparalleled expertise, and is a lot of fun to work with."
"David Smith is among the best informed and intelligent lawyers that I have ever known. I have always been impressed by his diligence, knowledge, and advocacy for his clients. He is not only an excellent criminal defense and appellate attorney, but his expertise in federal forfeiture and RICO law is unsurpassed. He is suitably the author of the leading treatises on these subjects."
"I had the pleasure of working with David on a criminal matter in the Eastern District of Virginia in 2014. David is an exceptional attorney with amazing attention to detail. He was a pleasure to work with throughout the course of our representation of a mutual client (which ultimately resulted in a pre-indictment dismissal). David is well respected on both sides of the aisle and I endorse him without reservation."
"I endorse David. He is a highly skilled attorney that is well respected in the legal community."
"David is an incomparable attorney. He is the most knowledgable lawyer that I have ever met. With his voluminous experience and sharp mind he is able to argue any issue that comes before him. Aside from his intelligence and defense savvy, he is a wonderful and kind-hearted person. I recommend him above any other attorney."
Joseph King
Criminal defense lawyer
Kaveh Noorishad
Criminal defense lawyer
Marina Medvin
Criminal defense lawyer
Experience
Honors
2018
Virginia Super Lawyer, Virginia Super Lawyers
2018
Best Lawyers in America, Best Lawyers in America
2014
Top Lawyers, Northern Virginia Magazine
1997
President's Commendation for Outstanding Service, National Association of Criminal Defense Lawyers
1994
President's Commendation for Outstanding Service, National Association of Criminal Defense Lawyers
1993
President's Commendation for Outstanding Service, National Association of Criminal Defense Lawyers
Work Experience
2016 - Present
Partner, David B. Smith, PLLC
2011 - 2016
Partner, Smith & Zimmerman, PLLC
1995 - 1996
Associate Independent Counsel, U.S. Department Of Justice
1986 - 2011
Partner, English & Smith
1984 - 1986
Special Assistant U.S. Attorney, Eastern District of VA, U.S. Department Of Justice
1982 - 1983
Trial Attorney, Narcotic and Dangerous Drug Section, U.S. Department Of Justice, Criminal Div.
1982 - 1983
Deputy Chief, Asset Forfeiture Office, U.S. Department Of Justice, Criminal Div.
1978 - 1982
Trial Attorney, Appellate Section, U.S. Department Of Justice, Criminal Div.
1976 - 1978
Attorney-Advisor, Board of Immigration Appeals, U.S. Department Of Justice
Associations
2000 - Present
National Association of Criminal Defense Lawyers, Forfeiture CommitteeChair
2000 - Present
National Association of Criminal Defense Lawyers, Amicus CommitteeVice-Chair
1998 - Present
National Association of Criminal Defense LawyersBoard of Editors, The Champion
2006 - 2014
National Association of Criminal Defense LawyersBoard of Directors
Sample of Legal Cases
United States v. Mohammed Sani Abacha. [2014] EWHC 993 (Comm) [2014]
(See narrative)
U.S. v. S.A.C. Capital Advisers, L.P., 13 Civ. 5182 (RJS) (S.D.N.Y. Nov. 6, 2013)
See narrative and Stipulation and Order of Settlement, Doc. 50 of court docket
United States v. PokerStars, et al. No. 1:11-cv-2564-LBS (S.D.N.Y. 2011)
See narrative.
Soulbury, Ltd. v. Royal Bank of Scotland Int’l, Ltd. (Royal Court of Guernsey) [2008]
See narrative.
United States v. Millberg Weiss LLP, CR 05-587(D) JFW (C.D. Cal. 2008)
See narrative.
United States v. Brooks. No. 2:06-cr-00550-JS-ETB (E.D.N.Y.) [2013]
See narrative.
Education
1976
Yale Law School
JD - Juris Doctor
1970
University of Pennsylvania
BA - Bachelor of Arts
N/A
Pembroke College, Oxford, UK
Graduate Studies, 1970-1972
Speaking Engagements
2014
Annual CJA Panel Attorney Seminar
Defending Your Client's Assets in Criminal Forfeiture and Restitution Proceedings (Detroit, MI)
2014
7th Annual Frank Dunham Federal Criminal Defense Conference
Defending Your Client's Assets in Criminal Restitution and Forfeiture Proceedings (Charlottesville, VA)
2014
2014 Collateral Consequences Conference and Midwinter Meeting
Everybody Wants Money: How to Get Your Fee Award from the Government (New Orleans, LA)
2013
CJA Panel Training
Defending Your Client's Assets in Criminal Forfeiture and Restitution Proceedings (Mobile, AL)
2013
22nd Annual Maureen Kearney Rowley CJA Panel Training Seminar
Civil and Criminal Forfeiture (Philadelphia, PA)
2012
Testimony before Subcommittee on Crime, Terrorism and Homeland Security
Combating Transnational Organized Crime: International Money Laundering as a Threat to our Financial Systems
Publications
2018
Matthew Bender publication
Prosecution and Defense of Forfeiture Cases
2018
Matthew Bender publication
Civil RICO
Languages
English