Can Federal Prosecutors Seize Your Assets Before You Are Convicted?

 Posted on September 14, 2026 in Asset Seizure

Federal prosecutors can take steps to seize or freeze certain assets before you're ever convicted of a crime. Federal law allows the government to take property that is allegedly connected to criminal activity and subject to forfeiture while a criminal case is pending.

If you're facing a federal investigation in 2026 and worried about losing access to your money or property, Komie and Associates can help. Our Illinois federal asset forfeiture defense lawyer will act quickly to protect what's yours.

How Can the Government Take Property Before a Trial Even Happens?

Federal prosecutors can use a pretrial restraining order to stop you from selling, moving, or spending property that could be forfeited if you are convicted. Under 21 U.S.C. § 853, a court can restrict your access to property after you are formally charged and the government claims that the property is subject to forfeiture.

In some cases, the government can seek an order for forfeiture even before you are formally charged. A judge can issue a temporary order without notifying you first. The government just has to show probable cause that the property could be forfeited and that giving you notice could put the property at risk. This temporary order generally lasts no more than 14 days unless a judge extends it for good cause or you agree to an extension.

What Types of Property Can Federal Prosecutors Seize?

Prosecutors can go after far more than cash tied directly to an alleged crime. Depending on the case, the government may attempt to freeze or seize:

• Bank accounts and business accounts
• Homes, land, or other real estate
• Vehicles, boats, or aircraft
• Retirement or investment accounts
• Property owned by a business connected to the allegations

Because these actions happen before trial, they can cripple a person's ability to pay for daily living expenses, let alone hire a defense attorney. An experienced asset forfeiture attorney can act quickly to determine whether you have grounds to challenge the seizure or restriction of your property.

Why Would the Government Try to Freeze Assets Before a Trial?

Prosecutors may argue that they need to act quickly to keep you from spending, hiding, or transferring assets before your case goes to court. Otherwise, the property may no longer be available if you are convicted and it becomes subject to forfeiture. This may be a concern if you have accounts in several states or property held through a business.

What Rights Do You Have if Your Assets Are Frozen Before Trial?

You may be able to challenge the government's seizure or restriction of your property. The steps you need to take depend on whether the government is seeking civil or criminal forfeiture. Under 18 U.S.C. § 983, you can file a claim to challenge the seizure of your property in a civil forfeiture case. You must meet strict deadlines after receiving notice of the seizure.

In some civil forfeiture cases, you may also ask the government to temporarily return your property. You must show that keeping the property would cause you serious hardship and that you meet the other requirements under federal law.

What Should You Do if Federal Agents Seize Your Assets?

If federal agents or prosecutors have already seized your assets, don’t say anything about your finances without a lawyer present. Gather any documents that show where your money came from. This may include pay stubs, business records, or tax filings, since proving a legitimate source for your assets is often central to getting property back. Keep copies of anything the government gives you related to the seizure, including receipts or notices. Store them somewhere separate from other paperwork so they're easy to find later.

Why Should You Get a Lawyer Involved in an Asset Forfeiture Case?

A lawyer can start working on your case immediately. That means reviewing the government's forfeiture filing and identifying weaknesses in the probable cause claim. It also means requesting an appropriate hearing or challenging the restraint or forfeiture when grounds exist. An experienced attorney can also open the door to negotiating with prosecutors before a case moves further, which sometimes becomes harder to do once more time has passed.

Schedule Your Free Consultation With Our Federal Asset Forfeiture Defense Attorney

At Komie and Associates, Attorney Stephen M. Komie has 40 years of experience representing clients in state, federal, and international trials and appeals. That experience includes defending clients whose assets were frozen or seized before any conviction. He understands how federal prosecutors build these cases and where they can be challenged.

If federal agents have seized your bank accounts, property, or other assets, contact an Illinois asset forfeiture defense lawyer at Komie and Associates by calling 312-263-2800 to discuss your case.