How to Fight Crypto Seizures Without a Lawyer

How to Fight Crypto Seizures Without a Lawyer

When your crypto is seized by the government-whether by the DEA, IRS, CBP, or FBI-it’s
a shock. But here’s the good news: you don’t need to be a lawyer to start fighting back. With the
right strategy, tools, and timing, you can protect your digital assets and force the government to
justify its actions. This guide is for anyone who’s going pro se-that is, representing yourself in a
cryptocurrency forfeiture case.

While we recommend hiring a crypto-savvy attorney whenever possible, many people don’t
have time or money to waste. That doesn’t mean you’re defenseless. You can take action-and
this article shows you how.

Step 1: Identify Who Seized Your Crypto

Before you do anything, confirm which agency issued the seizure. Look for clues in the
notice or communication you received. Some common scenarios include:

  • DEA: Seized funds at an airport or as part of a drug-related probe
  • CBP: Stopped at the border or overseas transaction flagged
  • FBI/IRS: Connected to fraud, hacking, or ransomware investigations
  • Exchange Freeze: Coinbase, Binance, or Kraken locked your account
    due to a subpoena or warrant

This matters because your response process, deadline, and court venue depend on the
agency involved.

Step 2: Don’t Wait-File a Verified Claim

Once your assets are seized, a ticking clock starts. In most federal forfeiture cases, you only
have 30 days from the date on your official seizure notice to file a claim under
28 CFR §
8.10.

Your claim must:

  • Be in writing and signed under penalty of perjury
  • Include your full name, address, and contact info
  • State that you are the rightful owner of the seized asset
  • List the exact asset(s) seized (e.g., “3.42 BTC in Coinbase wallet ending in 9jf8”)

Mail it to the agency address on your notice, or file through their online portal (e.g., CBP’s
e-seizure filing system).

Need help formatting it? Visit our Articles
page for a template claim you can copy and adapt.

Step 3: Demand a Judicial Forfeiture Process

If you don’t file a claim, the agency will use “administrative forfeiture” to keep your property
by default-no hearing, no judge, no defense. By filing a verified claim, you force the
government to:

  • File a lawsuit in federal court (usually titled “United States v. [Your Property]”)
  • Prove their case in front of a judge
  • Allow you to present evidence and challenge the seizure

This step gives you power-even without a lawyer. Many people win or settle just by
showing up prepared and making the government work for it.

Step 4: Gather Evidence of Legitimacy

Start building your defense early. You’ll need to prove your crypto was legally acquired and
not tied to a crime. Examples include:

  • Bank records showing fiat deposit used to buy the crypto
  • Mining history or wallet logs from your own hardware
  • Proof of purchase (from exchanges like Coinbase, Binance, etc.)
  • Prior tax filings showing declared crypto holdings

Bonus tip: If the seizure happened through a shared wallet (e.g., business partner, spouse),
document your specific ownership share and lack of involvement in any alleged
wrongdoing.

Common Mistakes to Avoid

  • Missing the deadline: If you don’t file a claim in time, your property is
    gone. Period.
  • Admitting guilt: Don’t include explanations that “sound guilty” in your
    claim. Keep it factual and neutral.
  • Using placeholder language: Be specific-list wallet addresses,
    transaction IDs, amounts, and any supporting documentation.
  • Not requesting a court hearing: Always opt for judicial process unless
    advised otherwise by competent counsel.

When You Should Still Get Legal Help

Representing yourself is a good first move. But if any of the following are true, stop and talk
to an attorney:

  • You’re facing parallel criminal charges
  • You received a civil complaint from a U.S. Attorney’s office
  • You’re being asked to provide your private keys
  • The government filed a motion to strike your claim as insufficient

Even if you start pro se, you can bring in a lawyer later if things escalate. We’re happy to
take over at any point.

Helpful Links

You Can Do This-But You Must Act Fast

Crypto is complex, and so is civil forfeiture. But if you’re organized, timely, and strategic, you
can put pressure on the system and win. The government has to prove its case. Until then,
your property is yours. Don’t hand it over without a fight.