How Do I Protect My Assets From Seizure During a Criminal Investigation?

Once a criminal investigation starts, time is not on your side.

Assets get frozen. Accounts get subpoenaed. Property gets seized before charges are even filed. By the time most people think to protect themselves, the government has already moved.

Let’s cover what you legally can and can’t do to protect your assets during a criminal investigation, and what your attorney should be doing from day one.

What Can the Government Seize During an Investigation?

Law enforcement doesn’t have to wait for a conviction or even an arrest.

With the right court orders, investigators can:

• Freeze bank accounts
• Seize cash found during a search
• Impound vehicles
• Record liens or holds on real property
• Issue subpoenas to financial institutions for records

Federal agencies, including the FBI, DEA, and IRS can move quickly once a criminal investigation reaches a certain stage. In San Diego, federal and state agencies often work together, which expands the tools available to prosecutors considerably.

What You Can Legally Do to Protect Yourself

There’s a critical line between protecting your assets lawfully and taking steps that constitute obstruction or fraud. That line matters.

Hire an attorney before anything else. This is not optional. An attorney-client relationship creates privilege, meaning your communications are protected. That protection helps you make informed decisions without creating additional legal exposure.

Do not move or transfer assets after you know you’re under investigation. Transferring property to a spouse, relative, or business partner after learning you’re a target can look like fraudulent conveyance or obstruction. Prosecutors and courts scrutinize asset movements that happen after a person becomes aware of an investigation.

Understand what’s already protected. Some assets have built-in legal protections that may limit the government’s reach:

• A primary residence may be partially protected under California’s homestead exemption, though this has limits in forfeiture contexts
• Retirement accounts like IRAs and 401(k)s have some federal protections, though they are not absolute
• Property owned jointly by a co-owner who is innocent may trigger innocent owner defenses under California forfeiture law

Document legitimate ownership. If you have assets that were legally acquired, now is the time to make sure that’s clear. Bank records, purchase receipts, tax returns, and documentation showing the legitimate source of funds all matter in a contested forfeiture.

Don’t hide assets. Attempting to conceal property from investigators is a separate crime. People have added years to their legal exposure by moving money offshore, restructuring businesses, or using third parties to hold property once they learned they were being investigated.

What Your Attorney Should Be Doing

An experienced criminal defense attorney doesn’t just wait for charges to be filed.

Early in an investigation, legal counsel can:

• Issue preservation letters or file challenges to overly broad subpoenas
• Contest search warrants that don’t meet the probable cause standard
• Communicate with prosecutors on your behalf before charges are filed
• Advise on what transactions or business activities to pause
• Challenge any pre-charge asset freezes that exceed legal authority

The National Association of Criminal Defense Lawyers has consistently noted that early representation in federal investigations significantly affects outcomes. That’s especially true in cases where asset forfeiture is part of the government’s strategy.

If a Seizure Has Already Happened

You still have options. Filing a claim, challenging the legal basis for the seizure, and asserting innocent owner status are all available remedies. But they all have deadlines.

The worst thing you can do is assume the government has an ironclad case and give up without contesting. Many forfeiture actions proceed by default simply because no one challenged them.

At David P. Shapiro Criminal Defense Attorneys, we represent people at every stage, including before charges are filed. If you believe you’re under investigation and your assets may be at risk, reach out to us now. Waiting makes everything harder.

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life-altering and long-lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.