Federal Asset Forfeiture Defense in South Carolina
Federal asset forfeiture laws allow the government to seize property believed to be connected to criminal activity even if no criminal charges are filed.
Under these laws, federal authorities can take cash, vehicles, real estate, or other assets from individuals and businesses in South Carolina. The forfeiture process is a powerful tool for law enforcement to deter crime by stripping criminals of assets. However, it can also ensnare innocent owners and disrupt legitimate businesses. Understanding how federal forfeiture works—and how it can be challenged—is crucial for anyone dealing with seized property in South Carolina.
Types of Federal Asset Forfeiture
Federal law provides for two main types of asset forfeiture: civil forfeiture and criminal forfeiture. Knowing which type you’re up against is essential, as the rules and defense strategies differ for each.
Civil Forfeiture
Civil forfeiture is an in rem proceeding against the property itself. This means the government sues the property (for example, United States v. $100,000 in U.S. Currency), alleging it was involved in illegal activity. No criminal charge or conviction is required. Owners need not ever be arrested or convicted for their cash, cars, or even real estate to be permanently taken by the government. Often, individuals are notified that their bank accounts or proceeds of a sale have been seized, and then they have to fight for them.
The government must show that it is more likely than not that the property is connected to a crime. However, individuals must respond - a failure to respond promptly can result in losing property. Once the property is seized, the burden effectively shifts to the owner to prove that they are an innocent owner unaware of any criminal activity or to show that the property is not involved in any criminal activity. Civil forfeiture cases are commonly used when there may be a delay in any criminal prosecution. Still, the government does not want the property to dissipate as they wait on a criminal case or conviction.
Criminal Forfeiture
Criminal forfeiture is brought as part of a criminal prosecution against a defendant personally. In criminal forfeiture, the government must first list any potentially forfeitable property in a criminal indictment and then obtain a criminal conviction – the forfeiture occurs only after the person is found guilty. It is imposed as part of the sentence. Criminal forfeiture is limited to the property interests of the convicted defendant and typically covers assets directly used in a crime or purchased with criminal proceeds. Because criminal forfeiture requires a conviction, it is used when charges are pursued and proven; it serves as an additional punishment, ensuring that a defendant does not keep illicit gains after a guilty verdict.
Common Cases Leading to Asset Forfeiture
Federal asset forfeiture can arise in a wide range of cases. In South Carolina, federal prosecutors and agents frequently seek forfeiture of assets in scenarios such as:
Drug Trafficking and Money Laundering—Major narcotics cases often involve the seizure of cash, vehicles, real estate, or bank accounts alleged to have been purchased with money obtained from drug activity or that the items were used to facilitate drug activity, such as a house where drugs were stored or sold. Related money laundering charges (financial transactions to hide illegal money) also trigger forfeiture of the funds and any property involved in those transactions, such as bank accounts holding illegally obtained money.
White-collar crimes (Fraud, Embezzlement, Tax Evasion): Profits from fraud schemes, embezzled funds, or assets obtained through tax evasion can be seized. For example, in a federal fraud case, the government might freeze bank accounts or confiscate purchases tied to fraudulent activity, such as a house purchased with stolen money. These are often pursued under criminal forfeiture after a conviction, but civil forfeiture may be used if no criminal case is brought.
Firearms and Smuggling Offenses – Weapons and contraband are frequent targets of forfeiture. Federal law allows authorities to seize firearms illegally possessed, used in drug trafficking or other federal crimes, as well as property used to smuggle goods or violate export/import laws. For instance, guns involved in unlawful drug transactions or vehicles used to transport smuggled contraband can be forfeited as instrumentalities of the offense.
Structuring and Cash Seizure Cases – “Structuring” refers to breaking down cash deposits or transfers into amounts below reporting thresholds to evade federal reporting (31 U.S.C. § 5324 makes this a crime). In federal structuring investigations, large sums of cash (from bank accounts or found during travel) are often seized under civil forfeiture on the suspicion that the money was involved in illegal activity. These cases can result in individuals and businesses losing significant amounts of money and, at the very least, having that money out of their hands. At the same time, litigation occurs even where no criminal charge is issued.
Defense Strategies for Asset Forfeiture
Facing a federal asset forfeiture in South Carolina can be daunting, but there are effective defense strategies that individuals and businesses can use to protect their property. An experienced federal forfeiture defense attorney will tailor the approach to the specifics of the case, but common strategies include:
Challenging the Government’s Case & Proving Legitimate Ownership: One of the first lines of defense is to examine the government’s evidence linking the property to criminal wrongdoing. The government must prove the asset is subject to forfeiture – if they lack concrete evidence, or if the connection is too weak or speculative, a challenge can result in the return of the property. Also, an individual can assert that they are an “innocent owner.” For instance, if someone uses a family member’s car to deliver drugs, but the family member is unaware that their car is being used to transport drugs, the family member can get their car back. Showing that an individual did not know their property was being used illegally is a third-party defense to forfeiture. It is essential, however, that those parties make a claim on the property, or they risk losing it through inaction.
Asserting Constitutional Defenses: Illegalities in the underlying criminal case can result in the return of seized property. The case can also be negotiated so that forfeiture is part of any plea agreement.
Negotiating Asset Recovery and Settlements: Like a plea agreement, forfeiture can often be resolved through settlement. Often, neither party wants to take a case to trial or go through the litigation involved in going to trial. An experienced lawyer can engage with federal prosecutors or agencies to negotiate the return of property or a compromise solution. Early action and not ignoring notices is key to a good outcome. By opening lines of communication and showing proof of legitimate ownership, a skilled attorney like Nathan Williams can often secure a favorable settlement – recovering your seized assets without a lengthy court fight.
Each case is unique; a successful defense may require combining these strategies. Time is critical—deadlines to contest a forfeiture are short, so promptly engaging a knowledgeable asset forfeiture defense lawyer is essential to preserving your rights.
Why Choose Nathan Williams?
When facing the high stakes of federal asset forfeiture, you need an attorney with the experience, insight, and tenacity to fight the government’s case. Nathan Williams stands out as a top choice for asset forfeiture defense in South Carolina for several reasons:
Former Criminal Chief, U.S. Attorney’s Office (South Carolina) – Nathan served as the Criminal Chief at the U.S. Attorney’s Office in South Carolina from 2019 to 2022. This means he was the senior federal prosecutor overseeing every federal criminal case in the district, including asset forfeiture actions. His background as a high-ranking federal prosecutor gives him an insider’s perspective on how the government builds forfeiture cases – and how to dismantle them. He knows the tactics federal agents and prosecutors use, and he uses that knowledge to his clients' advantage.
Extensive Experience in Federal Cases – With over 24 years of criminal law experience (14 in federal court), Nathan has handled a vast array of complex cases on both the prosecution and defense sides. He has tried over 100 jury trials (including more than 20 federal trials) to verdict, so he is battle-tested in the courtroom. This depth of experience is crucial in asset forfeiture matters, which often intersect with intricate criminal issues like drug conspiracies, fraud networks, and financial crimes. Nathan’s comfort with federal judges, prosecutors, and procedures in South Carolina is second to none – he doesn’t need a learning curve, so he can hit the ground running to protect your property.
Proven Success in Recovering Seized Assets – Nathan has a track record of helping clients reclaim their property. He has made recoveries in several federal and state cases for clients both facing charges and those who are innocent owners. Nathan fights aggressively to return assets to their rightful owners. He can often negotiate efficiently with the government because of his reputation and credibility from years in the U.S. Attorney’s Office. From seized business bank accounts to personal vehicles and cash, Nathan has navigated the return of numerous assets for his clients – results that matter when your livelihood is on the line.
Personalized and Aggressive Representation – Asset forfeiture cases move fast, and Nathan prides himself on being immediately responsive and thorough. Clients benefit from working directly with him (not being passed off to junior associates). He will analyze every facet of your case – from the legality of the seizure to the paper trail of your assets – and formulate a strategy tailored to your situation. His goal is always the same: get your property back. Nathan’s experience in defense and prosecution gives him the balanced judgment to know when to negotiate quietly and fight publicly in court. In every case, his preparation and determination helped level the playing field against the federal government.
When you choose Nathan Williams, you are choosing a lawyer who has been on the inside of federal law enforcement and will leave no stone unturned in defending your rights.
Free Consultation – Take Action to Protect Your Assets
Time is of the essence if federal agents have seized your property or if you’ve received a forfeiture notice. Every moment you wait is time the government is building its case to keep your money or property. Contact Nathan Williams today for a free consultation and immediate help with your asset forfeiture case. During your consultation, Nathan will review the details, explain your options, and start crafting a plan to recover your assets.
Don’t fight federal asset forfeiture alone. With the right legal help, you can challenge the seizure, assert your innocence, and potentially get your property back before it’s too late. Nathan Williams is based in Mt. Pleasant, South Carolina, and serves clients statewide, standing ready to intervene on your behalf. Call now or reach out online to schedule your free consultation and put a proven federal defense lawyer in your corner. Your future and finances may depend on taking quick action – with Nathan Williams, you’ll have the aggressive defense you need to fight back and protect what’s yours.
📞 Call The Law Offices of Nathan S. Williams at (843) 473-7000, or click below for a free confidential consultation.