Ultimate Guide to Cryptocurrency and Civil Asset Forfeiture in the United States

Cryptocurrency was built to be decentralized, private, and secure-but that doesn’t stop
governments from seizing it. Across the U.S., law enforcement agencies are aggressively
pursuing civil asset forfeiture of Bitcoin, Ethereum, NFTs, and other digital assets-often without
filing criminal charges. If your crypto wallet was frozen or your exchange account drained,
you’re not alone. This guide will walk you through how cryptocurrency forfeiture works, your
rights, and how to fight back.

Whether you’re an investor, miner, trader, or startup founder, you need to understand the
legal risks-and defenses-surrounding digital asset seizures.

What Is Civil Asset Forfeiture?

In a civil forfeiture case, the government doesn’t accuse a person of a crime-it targets the
property itself. That means your crypto can be seized based solely on suspicion that
it’s connected to illegal activity.

Unlike criminal forfeiture, which follows a conviction, civil forfeiture actions can occur without
charges or trials. Federal and state authorities use laws like 21 U.S.C. § 881
to seize “proceeds of crime,” which increasingly includes digital wallets and crypto exchange
accounts.

Common Crypto Forfeiture Triggers:

Transactions flagged as “suspicious” by exchanges
Wallets linked to mixers or anonymity tools (e.g., Tornado Cash)
Funds received from hacked, stolen, or scam-linked wallets
DEA or FBI seizures during raids or arrests of third parties

If your wallet was involved in any of these-even peripherally-you could face a seizure
notice.

How Is Cryptocurrency Seized?

Unlike physical cash, crypto is often seized through software, subpoenas, and account
freezes. Here’s how it typically happens:

Exchange Freezes: Agencies serve warrants to Coinbase, Binance,
Kraken, etc. Your funds are frozen or transferred to a government wallet.
Wallet Confiscation: If you self-custody, agents may physically seize
hardware wallets or pressure you to provide seed phrases.
Private Key Extraction: If your keys are stored digitally and law
enforcement gains access (e.g., during a raid), your funds can be moved instantly.

Once the government has custody, you’ll receive a forfeiture notice with a strict deadline to
file a claim. Miss it, and your assets may be lost permanently.

Your Rights in a Crypto Forfeiture Case

The U.S. Constitution guarantees due process-but civil forfeiture often skirts these
protections. You are not entitled to a public defender, and timelines are short.

You have 30 days to file a claim after receiving federal forfeiture notice
(per 28 CFR §
8.10).
You can request a judicial forfeiture hearing instead of administrative
review.
You must prove your ownership and lawful source of the assets.

If you’re an “innocent owner,” meaning you did not know or consent to the illegal use of your
assets, you may have a strong defense-but the burden is on you to prove it.

Real Examples: How the Government Seizes Crypto

Bitfinex Hack Recovery (2022): DOJ seized over 94,000 BTC (~$3.6B)
from a New York couple accused of laundering stolen funds.
“Pig Butchering” Scam Victims: In 2023, FBI Phoenix recovered $112M
in crypto from fraudulent investment platforms-some seized without returning to rightful owners
yet.
DeFi Wallet Seizures: IRS and DEA have begun issuing seizure orders
on smart contract wallets used in staking or farming platforms.

Law enforcement is increasingly capable of tracking wallet flows and linking public
addresses to real-world identities via KYC data and analytics firms like Chainalysis or TRM
Labs.

How to Fight Back

Act Immediately: Deadlines are tight. Don’t wait for charges-file your
claim quickly.
Hire Crypto-Savvy Counsel: Civil forfeiture plus crypto law requires deep
legal and technical knowledge. We handle both.
Document Source of Funds: Show transaction logs, exchange receipts,
mining income, etc. The clearer the paper trail, the stronger your case.
Push for a Judicial Hearing: Don’t rely on administrative mercy. Force
the government to justify the seizure in court.

Our Articles page contains specific how-to
guides for CBP claims, DEA notices, and crypto wallet defense strategy.

Recover Seized Bitcoin or NFTs?

Can You

Conclusion: Crypto Isn’t Immune-But You Have Options

Policing for Profit

The government may seize your digital assets-but that doesn’t mean you’re guilty or
powerless. With the right legal tools, documentation, and defense strategy, you can fight back
and reclaim what’s rightfully yours. Whether it’s Bitcoin, Ethereum, NFTs, or stablecoins-don’t
let silence become surrender.

Call to Action

Has your crypto wallet been seized or frozen? Don’t wait. The deadlines are real and so
are your chances of recovery. Contact ForfeitureUSA today for a free, confidential case review.
Call 330-720-0398 or visit our
Contact page to get started.